Securing a 100% Permanent and Total Rating for a Veteran Exposed to PFAS
At Disability Law Group (DLG), we recently had the honor of representing a 70-year-old veteran from Port Charlotte, Florida, who faced a long and complicated battle with the Department of Veterans Affairs (VA). Referred to us by another law firm that recognized the complexities of his case, this veteran had been exposed to PFAS chemicals for many years, beginning at age 18 when he first entered the service. His exposure to these harmful substances resulted in numerous debilitating conditions, including sciatic and femoral neuropathy affecting his lower extremities and neuropathy in his upper extremities. Thanks to the diligent efforts of Attorney Erika Riggs and the DLG team, this veteran was granted a 100% Permanent and Total (P&T) disability rating, backdated all the way to 2016.
A Complicated Case Involving Multiple Conditions
Our client had been dealing with the effects of PFAS exposure for decades, suffering from a range of conditions that significantly impacted his quality of life. After a thorough review of his medical records and military history, DLG successfully secured service connections for several conditions, including neuropathy of the upper and lower extremities. We were able to backdate these conditions to 2016, ensuring that he received the compensation and recognition he deserved for his suffering.
However, we knew there was more that needed to be addressed. The veteran also had claims pending for diabetes and hypertension, which were directly related to his PFAS exposure. Attorney Erika Riggs held a higher-level review conference, where she argued that these conditions, like his neuropathy, should be backdated to 2016. Furthermore, she contended that since these conditions were present at that time, the veteran was entitled to a 100% rating for Total Disability Individual Unemployability (TDIU), even though the veteran did not formally file for these conditions until much later. She further argued for a 100% Permanent & Total rating based on the severity of his service-connected conditions to 2016. The examiner agreed with Erika’s argument, resulting in a 100% P&T rating back to 2016.
The Importance of Specialized Legal Knowledge
This case highlights the critical importance of having an attorney who knows the law inside and out and specializes in the complexities of veterans’ disability claims. Without Erika’s deep understanding of VA regulations and her strategic approach to identifying and arguing the key issues in this case, the veteran may not have received the full benefits to which he was entitled. Her efforts demonstrate how crucial it is to have experienced legal representation that can navigate the intricacies of VA law and ensure that veterans receive the maximum compensation possible.
Understanding TDIU, P&T Status, and Associated Benefits
Total Disability Individual Unemployability (TDIU) allows veterans who are unable to work due to their service-connected disabilities to receive compensation at the 100% disability rate, even if their combined disability rating is less than 100%. This designation provides critical financial support for veterans who are unable to maintain gainful employment due to their conditions.
Permanent and Total (P&T) Status is a designation that means a veteran’s disability is considered completely disabling (total) and is not expected to improve (permanent). This status offers additional benefits, such as eligibility for Dependents’ Educational Assistance, medical care for dependents through CHAMPVA, and exemption from VA healthcare copayments.
By securing a 100% P&T rating backdated to 2016, this veteran will not only receive retroactive compensation but also enjoy the peace of mind and security that comes with knowing these benefits are permanent.
Neuropathy Ratings and PFAS Exposure
Neuropathy, or nerve damage, is a condition often rated by the VA based on its severity and the impact on the affected extremities. PFAS exposure, which is linked to a variety of health issues, including diabetes, hypertension, and neuropathy, is a growing concern among veterans who were exposed during their service. The VA has started to recognize these connections, but having a knowledgeable attorney is critical to ensuring that all related conditions are properly service-connected and rated.
A Testament to Our Commitment
At DLG, we are proud to have achieved this positive outcome for our client, ensuring that he received the full extent of the benefits he earned through his service. This case serves as a powerful reminder of the importance of having a legal advocate who is dedicated to uncovering every possible avenue to help veterans secure the benefits they deserve.
If you or a loved one are facing a similar situation, or if you have questions about your eligibility for VA benefits, we encourage you to reach out to our experienced team. We understand the complexities of these cases and are committed to fighting for you every step of the way.
