At Disability Law Group, we are proud to share the success story of a 64-year-old veteran from Detroit, Michigan, who recently won his fight for 100% Permanent and Total VA disability benefits, in addition to his Social Security Disability (SSD) benefits. Attorney Erika Riggs led the charge in securing tens of thousands of dollars in back pay for this veteran, correcting errors made by the VA in processing his claim. Thanks to the successful outcome of his case, this veteran has referred many others to Disability Law Group, including his son, who is now also a client of ours.
This veteran, who served our country with honor, has suffered from severe spinal conditions, including radiculopathy, for many years. His conditions have required multiple surgeries, and despite the clear evidence of his disability, the VA initially failed to grant the full benefits he was owed. After years of pain and persistence, and with the unwavering support of Erika Riggs and our team, he was finally granted a 100% Permanent and Total disability rating from the VA, as well as SSD benefits. The back pay awarded to him reflects the many years of suffering and financial hardship he endured due to errors in the VA’s initial processing of his claim.
Correcting VA Errors: The Power of a CUE Claim
One of the key components of this veteran’s case was identifying and rectifying a Clear and Unmistakable Error (CUE) in the VA’s previous decisions. The VA’s failure to recognize the severity of his spinal conditions and their impact on his ability to work was a mistake that significantly delayed the benefits he was entitled to.
A CUE claim is a powerful tool that can be used when a veteran or their attorney can clearly demonstrate that the VA made a significant error in a previous decision that, if corrected, would have changed the outcome of the claim. In this case, Erika Riggs and her team meticulously reviewed the veteran’s records and identified the VA’s mistakes, successfully arguing for a revision of the prior decisions. This not only resulted in a 100% Permanent and Total rating but also ensured that the veteran received back pay dating many years prior, compensating for the time lost due to the VA’s errors.
Understanding Ratings for Spinal Conditions and Radiculopathy
Spinal conditions, particularly those involving radiculopathy, can have a profound impact on a veteran’s quality of life and ability to work. The VA assigns disability ratings for spinal conditions based on the range of motion, the severity of pain, and the presence of neurological symptoms like radiculopathy. Radiculopathy occurs when a nerve root in the spine becomes pinched or damaged, leading to pain, weakness, numbness, or tingling in the arms or legs, depending on the location of the affected nerve.
For veterans, ratings for spinal conditions can vary widely based on the specific symptoms and their impact on daily functioning. Radiculopathy, for example, can be rated separately depending on its severity, with higher ratings reflecting more significant impairment. In this case, the veteran’s spinal condition and radiculopathy were severe enough to warrant a 100% Permanent and Total rating, recognizing the totality of his disability and its impact on his life.
The Role of an Attorney in Navigating VA Claims
When dealing with the VA, it is not uncommon for vital information to be overlooked or for errors to be made in the processing of claims. This is where the expertise of an attorney, like those at Disability Law Group, becomes invaluable. Our team knows how to meticulously comb through medical records, identify missed opportunities, and effectively argue on behalf of our clients. Whether it’s a CUE claim, navigating the complex VA appeals process, or ensuring that all aspects of a veteran’s disability are fully recognized, we are committed to fighting for the benefits our clients deserve.
For this Detroit veteran, having an experienced attorney by his side made all the difference. He now enjoys the peace of mind that comes with knowing his service-connected disabilities are fully recognized, and his financial future is secure. His trust in our team is reflected in the many referrals he has made, including bringing his son to us for representation.
Conclusion
At Disability Law Group, we are dedicated to supporting our veterans in every aspect of their disability claims. If you or a loved one are struggling with the VA or Social Security Disability process, particularly when dealing with complex conditions like spinal injuries and radiculopathy, our team is here to help. We fight to ensure that every veteran receives the benefits they have earned through their service.
