Attorney Sean Kendall won three years of additional Total Disability Individual Unemployability Benefits (“TDIU”) for a veteran whose service-connected gouty arthritis prevents him from working.
Tom Struggles with Daily Pain in His Hands and Feet
After serving on active duty, Tom developed service-connected “deforming” gouty arthritis of the wrists, hands, and feet. He experiences pain in his hands and feet every day, and struggles with basic tasks, such as writing or holding a phone.
Tom Was Approved for TDIU Benefits, but The VA Assigned the Wrong Effective Date
Because Tom’s condition makes it impossible for him to work, he applied for TDIU benefits, which provide compensation at a 100% disability rating to veterans who are unable to maintain substantially gainful employment and who meet other criteria. His claim was granted; however, as is frequently the case for TDIU applicants, the VA assigned the wrong effective date. Rather than starting benefits the year Tom became umemployable, the VA started them three years later.
For someone who is unable to make a living due to their service-connected disability, three years of lost income is a massive burden. Therefore, Tom turned to Attorney Sean Kendall for help.
Attorney Sean Kendall Proved That Tom Became Unable to Work Three Years Earlier Than the VA’s Assigned Effective Date
From his decades of experience, Sean knew exactly what the Board of Veterans’ Appeals would need to see to adjust Tom’s effective date. He drew the Board's attention to two key pieces of evidence: 1) a VA medical examination report, in which the examiner stated that Tom was unemployable at least two years before the VA’s assigned effective date; and 2) a vocational report which established that Tom was unemployable three years before the VA’s assigned effective date.
In light of the evidence, the Board granted Tom’s request for a revised effective date, and Tom finally received the benefits he deserves.
How You Can Win TDIU Benefits for a Service-Connected Disability
If you or a loved one have been through a similar experience, don’t hesitate to contact us. With decades of experience appealing denials and unacceptable rating decisions, we are confident we can win you the benefits you deserve. When you are ready, send us a note or call us at (877) 629-1712 to discuss the possibility of an appeal.
Disclaimer: All names and places have been changed to protect confidentiality. All cases are different and results will vary depending on the facts. Call us at (877) 629-1712 to discuss the facts of your case.