Troy Spurlock Posted November 7, 2012 Share Posted November 7, 2012 As some or many here may know, I began my personal venture in helping other veterns with the claims process back in January 2008. And as you all know it takes time, often a lot of it to get things accomplished where the VA is concerned; many times leaving so many veterans frustrated they just give up. Well, the Vietnam veteran I met where I work was at that point until he met me. Though it took 4 and a half years, over that period I got his PTSD increased from 10 to 50%, got his skin condition service-connected under Agent Orange exposure, and as of today his left knee condition that was put back on the RO on remand from the BVA to "expedite" the processing of this claim (the RO received it in Feb. 2012...9 months isn't exactly under the defintion of "expedite"), he was granted 30% for his left knee condition backdated to June 2008. With a spouse and a dependent on record, the difference between his previous and current overall rating he is going to get a nice retro check this holiday season! Needless to say, he's pretty stoked about it. I am too...because had we not met he wouldn't have been in a position to retire when he did and now he gets a little bit more to make things right for him and his family. However the RO is still dragging its feet on giving him a % rating for the skin condition though the BVA granted it back in February 2012. So, that final % has yet to come... Notwithstanding, though it took some time, it was a great win all the way around not only for him but for me in knowing that I can represent a veteran all the way to the BVA, without a hearing (effective writing and presenting the arguments on paper vs. face to face video conference) and win again (I won my own appeal back in 2004 at the BVA which pushed me over the threshold between 90 and 100%)!!! I can only hope that I am equally sucessful helping two other Vietnam veterans I have been introduced to since then and have been working on their cases now for several months. One of them includes an 1151 claim, which the RO is taking seriously as they called me a few weeks back to get some clarification on it and I feel good about it going our way. We'll see...only time will tell. Anyhow, as I have always believed in and tell every veteran I meet...perseverance, patience, and putting forth the better argument will put you on top and win the case at the end of the trial and tribulations dealing with the VA claims and appeals process. TS Link to comment Share on other sites More sharing options...
Troy Spurlock Posted November 7, 2012 Author Share Posted November 7, 2012 Oh, the one claim I lost on was the date of claim on his PTSD increase. The BVA basically made a semantics argument in how the increase was asked to begin with. When I first began I tossed in CUE on the initial rating (which the C&P examiner agreed upon and stated so in his examination that resulted in the increase) while stating an evaluation for an increase was in due order. The RO focused on the first statement and ignored the second until it was made blatantly clear in a subsequent writing, which is what the BVA focused on as the official date of claim and not the first writing. So, okay...though it was a lousy justification (semantics), win some lose some...and in the end this wasn't a bad loss since he did get the increase from 10 to 50 with some back pay to boot. TS Link to comment Share on other sites More sharing options...
chinavet Posted November 7, 2012 Share Posted November 7, 2012 Congrats. Glad you are a tireless advocate! Link to comment Share on other sites More sharing options...
Rover Posted November 8, 2012 Share Posted November 8, 2012 Great job,,,,,,,,,, Link to comment Share on other sites More sharing options...
tonio Posted November 8, 2012 Share Posted November 8, 2012 Congrats !!! Nice Work !!! God Is So Good!! Link to comment Share on other sites More sharing options...
Moderator broncovet Posted November 8, 2012 Moderator Share Posted November 8, 2012 Troy... Congrats. I would be interested in seeing the reasons and bases the Board denied the EED for your clients PTSD. Link to comment Share on other sites More sharing options...
Recommended Posts