Attorney Sean Kendall won a disability benefits rating increase for a veteran with pain and weakness in both legs.
Norman Is a Veteran with Service-Connected Pain and Weakness in Both Legs
After serving on active duty for several years, Norman began experiencing pain and weakness in his legs. At first, it was bearable. His reflexes were slightly inhibited, and he felt numbness in his legs only occasionally. However, as the years passed, his symptoms became worse. His reflexes became unresponsive, his numbness increased, and he struggled to lift his left foot. Ultimately, Norman began struggling to walk and experienced frequent falls.
As Norman’s Condition Worsened, the VA’s Rating Decision Stayed the Same
The Department of Veterans’ Affairs’ (“VA”) rating assignment reflects the severity of the veterans’ injury as perceived by the VA. Lower ratings equate to lower monthly compensation amounts, while higher ratings equate to higher monthly compensation amounts. When Norman initially applied for benefits, they were granted at a 20% rating.
While a 20% rating may have reflected Norman’s experience during the early years of his condition, in which his weakness was intermittent, it did not reflect the symptoms Norman experienced several years later, during which he struggled to walk. Therefore, Norman sought the help of Attorney Sean Kendall as he pursued a rating increase.
Attorney Sean Kendall Presented the Evidence Necessary to Challenge the VA’s Rating Determination
Attorney Sean Kendall and Norman appealed Norman’s case to the Board of Veterans’ Appeals.
There, relying on his decades of experience, Kendall carefully parsed through the rating requirements and presented unmistakable evidence that, for several of the years during which he was assigned a 20% rating, Norman’s symptoms more closely matched the requirements for a 40% rating.
Attorney Sean Kendall Won a 20% Rating Increase
Having considered the evidence, the Board held that, for several of the years he was assigned a 20% rating, Norman was indeed qualified for a 40% rating. Thus, Norman received the benefits he deserved.
How You Can Challenge a Rating Decision to Win the Benefits You Deserve
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.
