After an arduous and unfair journey through the Department of Veterans’ Affairs’ ("VA") Appeals' System, Attorney Tim Franklin won an opportunity for his client, Paul, to have his claim reevaluated the right way.
Paul Suffers from Bilateral Hallux Valgus and Bilateral Onychomycosis of the Toes
Paul, a veteran who served on active duty for three years, sought benefits for Bilateral Hallux Valgus and Bilateral Onychomycosis of the Toes. The process should have been straight forward, however a string of failures in the appeals system resulted in an unfair denial at the Board of Veterans Appeals (“the Board”).
A Botched VA Medical Opinion and A Failure to Adequately Consider Lay Evidence Made It Difficult for Paul to Secure Benefits
After the Board initially denied Paul’s claim, Paul appealed to the Court of Appeals for Veterans’ Claims (“the Court”). The Court immediately identified two critical errors made by the Board.
First, although Paul, a medical specialist by training, had provided convincing testimony about his conditions, the Board failed to adequately consider it.
Second, the Court evaluated the VA medical examination the Board relied on and concluded that it was wholly inadequate. The examiner, for example, incorrectly interpreted Paul’s separation examination– an error which made it extremely difficult for Paul to win his case.
Sadly, neither of these issues are unique to Paul’s case. Failures to adequately consider testimony and to conduct accurate VA medical examinations plague the entire VA system, and cause countless veterans to miss out on the benefits they deserve.
Under Tim Franklin’s Advisement, Paul Won a Second Chance to Tell His Story
With the Court’s criticisms in hand, Paul’s case was sent back to the Board. There, Paul and Attorney Tim Franklin won the treatment Paul had been entitled to all along: an accurate and complete VA medical examination, during which a competent medical examiner will consider Paul’s testimony.
The court ordered that Paul receive his medical examination and a re-evaluation of his claim promptly.
How You Can Win the Benefits You Deserve, Despite a Bad VA Medical Examination
If you, like Paul, received an unfair denial based on an inadequate VA medical opinion or an inappropriate failure to consider lay evidence, don’t hesitate to contact us. With decades of experience appealing denials and unfair 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.