At Disability Law Group, our mission is to fight for veterans and ensure they receive the benefits they deserve. Recently, attorney Taylor Fenner had the privilege of working with a Marine Corps veteran from Oak Park, Michigan, who came to us with a longstanding battle against the VA for an increased disability rating. With Taylor’s expertise, we were able to not only secure a 100% disability rating but also obtain permanent and total status, alongside additional monthly compensation, significantly improving his financial security and quality of life. Here’s a look at how we made a difference for the veteran, who had been dealing with multiple service-connected issues.
The Struggles Before Disability Law Group
When the veteran first reached out to Disability Law Group, he was rated at 80% through the VA. Despite fighting for years to get his disability rating increased, he had encountered numerous roadblocks. In addition to his existing conditions, the veteran suffered from obstructive sleep apnea and mental health conditions, specifically generalized anxiety disorder (GAD) and major depressive disorder (MDD), all of which he believed were connected to his military service, specifically his deployment to Kuwait.
Having previously tried unsuccessfully to get an increase from the VA, the veteran knew that he needed professional help to navigate the complex system. That’s when he contacted us, and attorney Taylor Fenner immediately began working with him to gather additional medical evidence and present his case in the strongest possible light.
Breaking Down the Key Issues
- Obstructive Sleep Apnea
The veteran had been diagnosed with obstructive sleep apnea on May of 2023, following a sleep study conducted by the John Dingell VA Medical Center. His condition was confirmed through the use of a CPAP machine. However, despite his diagnosis, the VA examiner opined that there was no connection between the veteran’s obstructive sleep apnea and his military service.
Taylor Fenner knew that this opinion didn’t tell the full story. After reviewing the veteran’s service records, Taylor discovered the veterans participation in Operation Enduring Freedom in Kuwait, where he was exposed to hazardous airborne particulate matter such as smoke, sand dust, and fumes from burn pits, Taylor found compelling evidence including studies and articles linking particulate matter exposure to the development of obstructive sleep apnea, Taylor secured an independent medical opinion detailing how the veterans obstructive sleep apnea was caused by his exposure to particulate matter during his deployment in Kuwait.
- Generalized Anxiety Disorder (GAD), Major Depressive Disorder (MDD)
The veteran’s service-connected mental health conditions, including generalized anxiety disorder (GAD) and major depressive disorder (MDD), had a profound impact on his emotional and psychological well-being. The mental toll of these conditions affected his ability to function in daily life and significantly reduced his quality of life. The veteran’s symptoms included panic attacks, constant anxiety, and mood disturbances that impaired his social and work interactions.
To strengthen the veteran’s case, Taylor Fenner understood the importance of securing new medical evidence that accurately reflected the severity of his mental health symptoms. Working closely with the veteran, Taylor arranged for a comprehensive psychological evaluation, which provided an in-depth assessment of the veteran’s GAD and MDD. The evaluation confirmed the extent of his symptoms, including near-continuous panic attacks, depression, and the inability to function independently due to mood disturbances.
With this new evaluation in hand, Taylor presented the updated medical evidence to the VA, which showed that the veteran’s mental health conditions were far more debilitating than previously acknowledged. The evaluation highlighted the challenges the veteran faced daily, including impaired impulse control, difficulties in maintaining relationships, and significant social and occupational impairments. Taylor argued that these factors warranted a higher disability rating, effectively addressing the gaps in the VA’s previous assessments of the veteran’s condition.
- Securing the Effective Date Back to October 2022
One of the most important aspects of this case was securing the effective date for the veteran’s increased disability benefits. Typically, the VA assigns an effective date based on when a claim is filed, but in some cases, veterans may be entitled to an earlier date if evidence shows their symptoms were present earlier than the filing date.
In this case, the veteran initially filed for an increase in his disability rating in 2023. However, Taylor Fenner worked diligently to demonstrate that the veteran’s symptoms, particularly his mental health issues and obstructive sleep apnea, were well-documented in his medical records as far back as October 2022. By showing that the veteran’s symptoms predated the appeal, Taylor successfully argued that the veteran’s effective date should be backdated to October 2022—ensuring that he received the full retroactive benefits owed to him.
As a result, the veteran was awarded retroactive benefits of over $53,000, which made a life changing difference in his financial situation.
The Outcome: Life-Changing Benefits
Through Taylor Fenner’s diligent work and expertise, we were able to secure the following for the veteran:
- 100% Disability Rating
- Permanent and Total (P&T) Status
- Additional Monthly Compensation, including Special Monthly Compensation (SMC-K and SMC-S)
- Retroactive Benefits of Over $53,000.00
- Effective Date Back to October 2022
The veteran’s new rating doubled his monthly VA payment, providing his family with much-needed financial stability. This decision not only secured his future but also gave him peace of mind—something he had been missing for years. When we informed the veteran of the decision, he was overwhelmed with joy. For the first time, he and his family could enjoy the holiday season without the stress of financial uncertainty.
“This is the first holiday season we’re not going to have to worry,” the veteran said. “I can’t express how grateful I am. You’ve changed my life.”
Why This Matters to You
The veteran’s case is a powerful example of what can happen when veterans have the right team on their side. The VA claims process can be overwhelming, especially when you’re facing multiple service-connected conditions. But as we’ve seen in the veteran’s case, having an experienced legal team can make all the difference.
If you’re a veteran who is struggling to get the benefits you deserve—whether it’s for an increase in your rating, permanent and total status, or securing additional compensation like SMC-K or SMC-S—Disability Law Group is here to help. With attorney Taylor Fenner’s expertise, we’ll work with you every step of the way, just as we did with the veteran, to ensure that your service is recognized and that you receive the support you need to live with dignity and peace of mind.
Contact Disability Law Group today for a free consultation. We’re ready to fight for the benefits you’ve earned and change your life, just like we did for the veteran.
