Sample Cases of Victories Won
Results Matter
- An Army veteran came to Attorney Williams after having his disability reduced to 50%. Williams discovered a duty to assist error in the process of the reduction along with evidence that supported a higher disability rating. The VA had also cited the veteran’s failure to appear for an examination, but Williams went through the JLV to discover that the veteran was never made aware of the examination and in fact the VA cancelled the examination. In 2023, his previously reduced rating for PTSD was increased based on the criteria for a higher rating which the VA failed to consider.
- In 2020, a Marine veteran was denied for PTSD with the VA citing no diagnosis per their C&P exam. In 2022, he sought assistance from Attorney Williams. Williams reviewed the file and found that the VA improperly overlooked a diagnosis from 2017 of PTSD with a stressor due to his military occupation. Also, the VA did not properly address a private medical opinion although it was in the veteran’s file. We filed for a HLR and submitted detailed arguments showing that the veteran had a diagnosis from VA for the PTSD with the stressors noted. Thus, the VA made an error in their denial, and they made another error when they failed to address the nexus medical opinion submitted in 2020. In 2023, the veteran was awarded service connection and an overall 70% disability rating.
- In 1995, an Air Force veteran’s application for right knee condition was denied. He reapplied in 2014, and the VA denied the claim stating that the veteran did not provide new and material evidence. Williams took the case while it was on appeal at the BVA in 2022. We submitted and argued at a hearing that the evidence at the BVA constituted new and material evidence. The BVA agreed that a May 2017 examination diagnosed degenerative arthritis of the right knee. Under existing VA law, the veteran could submit evidence to the Board. The case was remanded for proof of chronicity and continuity of the knee complaints. We submitted an independent medical examination which reviewed the veteran’s medical file, claim file and the veteran himself. In 2023, the veteran was granted service-connection for the right knee condition.
- The veteran served in active duty in 1979. He first applied for benefits related to PTSD secondary to MST in 2017. The VA denied that the veteran met the criteria for MST and denied the claim. Attorney Williams helped fight the case in the BVA and CAVC. In 2017, we submitted new and relevant evidence, and the VA still denied the claim despite the VA’s own examiner opining that the veteran had PTSD because of MST. We researched and found other outside provider records to show chronicity and continuity and further evidence to support the MST. In 2021, the veteran was awarded 70% disability and TDIU to become paid at the 100% level. We filed an HLR, which granted the veteran a disability award at the 100% level with an earlier effective date.Add a short description.
- In 2018, an Army veteran applied for depression with secondary substance abuse issues. In 2020, he was granted service-connection at the 30% level. One week before the appeal period ended, he came to Attorney Williams asking for a case review. Attorney Williams filed for an HLR and because of the review of his records and the disability criteria, the veteran was awarded an increase to 50%.
- In 2018, an Army veteran requested service-connection for left and right radiculopathy. The VA denied the claim. Attorney Williams filed an HLR citing the VA’s failure to review the entirety of the veteran’s medical records. In 2022, the VA granted service-connection effective to 2018 which resulted in backpay to the veteran and monthly benefits going forward.dd a short description.
- In January 2021, a veteran with depressive disorder was granted service connection at the 30 percent disability level. The veteran presented to our office in January 2022, one year to the date of his decision asking for assistance in appealing his decision as he was turned away by his VSO who helped him originally file the claim. Attorney Williams was able to conclude that the veteran’s prior VSO representative did not review in detail the 2021 rating decision. Williams reviewed the veteran’s record in detail and identified several areas of fact and law that the VSO failed to see, notice and/or understand. This included the identification of certain diagnostic codes to evidence that a higher evaluation was warranted. Williams filed an HLR (Higher Level Review) and an informal hearing conference was held. The veteran was awarded an increase in his disability from the 30% level to the 50% level resulting in backpay and future benefits.
- In 2014, an Air Force veteran of the Viet Nam era requested service-connection for bladder cancer due to Agent Orange exposure. The VA denied the claim arguing that the veteran was not exposed to Agent Orange because he was not a boots-on-the ground Viet Nam servicemember. In 2018, Attorney Williams appealed the case to the BVA and proved clear and credible evidence that the veteran served in a part of the world as part of an operation where Agent Orange was stored, sprayed or blown and that he was actually exposed during the military operation. The veteran was finally awarded service-connection in 2021 which resulted in a significant award for the veteran.
- In 2017, an Army veteran requested service-connection for PTSD secondary to MST. The VA denied the claim 3 separate times arguing that the veteran did not report the MST incident and seek treatment for over 30 years. In fact, the veteran did report the MST about 8 years before he filed his claim and was unaware that he was eligible for VA disability benefits. The BVA and CAVC continued to deny the veteran's claim. In 2021, Attorney Williams filed a Supplemental Claim based on newly discovered counseling records and evidence regarding racial and ethnic disparity in the reporting of PTSD. The veteran was awarded service-connection in 2022 which resulted in significant past and future awards for the veteran.
- In 2010, an Army veteran filed a claim which requested service-connection for diabetes, neuropathy and a renal condition. The claim was originally denied in 2011 as the VA claimed there was no evidence connecting the injury to the veteran's time in service. The veteran filed a Notice of Disagreement, and a Statement of the Case was issued. Attorney Williams filed an Appeal in 2012 and submitted additional medical evidence. The case was sent to the BVA for review. A BVA hearing was held in 2016. In 2017, the BVA remanded the case back to the RO for evaluation of the veteran's diabetes, neuropathy and renal condition. As a result, the VA granted the veteran service-connection for all conditions in 2018 for a combined rating of 90%.
- In 2017, an Army veteran was granted service-connection for a low back condition. Six months later in 2018, the veteran received notice that the VA was planning to decrease his disability rating. The veteran was given 60 days to provide new evidence and request a hearing, which Attorney Williams requested. Prior to the hearing taking place, the VA contacted Attorney Williams indicating that upon review, the decision to lower the rating was made in error and that the VA would make the veteran's current rating static.
- In 2015, an Army veteran filed an application for compensation for a back injury and major depressive disorder. The VA issued service connection for these conditions in 2016 but at a rating level that was not acceptable to the veteran and for an effective date that did not match the date the veteran made the claims aware to the VA. Attorney Williams filed a Notice of Disagreement arguing that he veteran was entitled to higher ratings for each condition and earlier effective dates for each. In April 2018, the VA acknowledged they made a clear and unmistakable error (CUE) and granted earlier effective dates for each. This result resulted in additional backpay to the veteran. Attorney Williams filed an Appeal requesting an effective date even earlier than the one granted in April 2018 based on CUE denied in 2011 as the VA claimed there was no evidence connecting the injury to the veteran's time in service. The veteran filed a Notice of Disagreement, and a Statement of the Case was issued. Attorney Williams filed an Appeal in 2012 and submitted additional medical evidence. The case was sent to the BVA for review. A BVA hearing was held in 2016. In 2017, the BVA remanded the case back to the RO for evaluation of the veteran's diabetes, neuropathy and renal condition. As a result, the VA granted the veteran service-connection for all conditions in 2018 for a combined rating of 90%.
- Williams appealed a VA Regional Office decision to the Board of Veterans Appeal (BVA) because the Regional Office refused to recognize serious conditions related to the veteran's back. The condition, Williams argued, would combine with other service-related disabilities to render the veteran unemployable. The BVA reviewed the appeal, agreed with Williams, and sent the case back to the Regional Office for evaluation of the veteran's additional lower back disability. On appeal, Williams provided expert evidence to show that the veteran was entitled to more monthly compensation based on having a higher combined disability rating. The VA granted him service connection for radiculopathy and finally agreed that the combination of the veterans’ lower back disability and other conditions caused him to be unable to maintain meaningful employment. As a result, the veteran was granted individual unemployability (TDIU). The award of 100% in compensation pay results in a substantial increase in monthly VA disability compensation for the veteran and his family.
- In 2013, a Gulf War Era Army veteran filed a claim with the Department of Veterans Affairs which requested an increased rating for his PTSD which was previously evaluated at 50% disabling. This claim was denied by VA in 2014 on the basis that, "the treatment records showed ongoing symptoms of post-traumatic stress disorder; however, they do not show an increase in symptoms." On Appeal, Williams argued that VA failed to provide an adequate analysis of the evidence. In addition, Williams argued that the evidentiary record showed a level of disability that mirrored the criteria for a 100% rating. The VA ordered that the veteran submit to another Compensation & Pension (C&P) examination. Following the C&P and after reviewing the evidence presented on Appeal, the VA granted the veteran a 100% permanent disability rating for PTSD. The award of 100% results in a substantial increase in monthly VA disability compensation for the veteran.
- A veteran tried to fight the VA alone and filed a claim for post-traumatic stress disorder (PTSD) with major depression resulting from military sexual trauma (MST) that occurred in-service. In 2011, the VA denied this claim stating there was no link established by medical evidence between current symptoms and the in-service stressor. On appeal, Williams proved that the VA wrongfully interpreted its own regulations and records. The service records and treatment records had evidence that was overlooked or not given the proper weight. In addition, Williams found documents in the veteran’s military personnel file which showed a drastic change in behavior immediately following the MST event. Our firm retained an independent expert to review all the records and submit a report to the BVA for the appeal. The Board of Veterans Appeals agreed with us. Upon reviewing the evidence provided, the BVA ordered the VA to grant service-connection. The VA awarded the veteran a 70% disability rating for PTSD and total disability based on unemployability. The veteran is now paid at the 100% disability rating.
- A veteran filed a claim in 2010 for PTSD. The claim was initially denied, but later granted in 2016 on appeal. However, the VA granted the claim with an effective date of 2012 instead of the date when the claim was filed in 2010. Our firm was able to use the VA's own rules and regulations to appeal the effective date of the rating decision. Upon review of the regulations cited by our firm, the VA granted the veteran the earlier effective date of 2010 which resulted in a substantial increase in the amount of backpay the veteran received.
- A fed-up veteran fought the VA for years with the help of various service organizations. The VA kept denying his claims. The VA said his depressive disorder did not result from his back injuries that occurred while the veteran was in service was related. He finally came to our firm. We prepared and filed an appeal. On Appeal, Williams argued that the service records, ongoing mental health treatment along with independent psychology and vocational expert reports showed a level of depressive disorder that met the criteria for service-connection secondary to the veteran’s back condition. After the Board of Veterans Appeals (BVA) reviewed the evidence submitted on Appeal, the VA granted the service-connection and awarded the veteran a 70% disability rating for the depressive disorder.