Category: Case Spotlights

Partner Mandy Kelly wins service-connected disability claim for veteran suffering from Parkinson’s disease due to exposure at Fort Eustis

Parkinson’s disease is a neurodegenerative disorder that affects millions of people worldwide. While the exact cause of Parkinson’s disease is still unknown, research has shown that exposure to certain chemicals, such as polychlorinated biphenyls (PCBs), can increase the risk of developing the disease.

Recently, Partner Mandy Kelly won a service-connected disability claim for a veteran suffering from Parkinson’s disease due to his exposure to PCBs at Fort Eustis. The veteran, who was stationed at the base in 1973 and 1977, was exposed to PCBs during active duty.

PCBs were commonly used in electrical equipment and insulation until their production was banned in the late 1970s. However, they remain in the environment and can persist for decades. PCBs are known to be toxic to the nervous system and have been linked to a range of health problems, including cancer, developmental problems, and neurodegenerative disorders such as Parkinson’s disease.

The veteran in this case worked in close proximity to PCBs, which were used as coolants in the engines of vehicles he repaired. Over time, he began experiencing symptoms of Parkinson’s disease, including tremors, stiffness, and difficulty with movement. He filed a service-connected disability claim with the help of Partner Mandy Kelly, arguing that his Parkinson’s disease was caused by his exposure to PCBs at Fort Eustis.

After a lengthy legal battle, Partner Mandy Kelly was able to successfully prove that the veteran’s Parkinson’s disease was caused by his exposure to PCBs at Fort Eustis. As a result, the veteran was awarded 100% service-connected disability benefits for him and his family.

This case highlights the dangers of exposure to toxic chemicals such as PCBs, and the importance of holding responsible parties accountable for the harm they cause. It also demonstrates the critical role that attorneys like Partner Mandy Kelly play in helping veterans and others who have been harmed by exposure to harmful chemicals.

If you or a loved one has been diagnosed with Parkinson’s disease or another neurodegenerative disorder that may be linked to exposure to toxic chemicals, it’s important to speak with an experienced attorney who can help you navigate the legal process and fight for the compensation you deserve. Contact Disability Law Group today to learn more about how we can help.

John Leverenz, a veteran, came to Disability Law Group with an August 2021 Rating Decision, wanting to appeal claims related to finger numbness which has been present since a deep cut to several fingers from concertina wire in 1980. When he first filed for this in 2004, he also filed for hearing loss due to noise exposure during service. VA granted service connection for hearing loss at 0% but denied the claim for his fingers.

In the appeal he filed in October 2004, he appealed the denial of the finger claim and requested an increase for his 0% hearing loss. In addition to asking for an increased rating for hearing, he provided a statement informing VA of continuous ringing in his ears. VA issued another decision which continued the denial for the fingers, continued hearing loss at 0%, and ignored the veteran’s claim for ringing in the ears.

The next claim filed by the veteran was not until early 2021, when he filed to reopen his claim for finger numbness and requested an increased rating for hearing loss. The VA again denied the fingers claim but a C&P examiner noted tinnitus and that was added to the veteran’s file. However, VA only granted tinnitus as of the 2021 filing.

While reviewing the veteran’s file for the finger claim – the claim for which the veteran contacted Disability Law Group in the first place – Attorney Jason Pearson noticed that the veteran’s statement that he had continuous ringing in his ears was not addressed by VA. We filed a Higher-Level Review and scheduled an informal conference with VA to address the effective date for tinnitus. Jason pointed out the 2004 statement and VA agreed that it was missed, and that the tinnitus claim had therefore been pending since 2004. In August 2022, VA issued a decision granting an earlier effective date for tinnitus, changing from 2021 to 2004.

Because our attorneys pay such close attention to detail, reviewing every document in the VA file, and they possess the knowledge and skill to know what to do with this information when they find it, this veteran was able to get seventeen years of benefits that he did not expect. By the way, we were also able to get the fingers claim granted. If you have a decision from VA you would like to have reviewed, contact us today.

Disability Law Group (DLG) recently received a decision approving benefits for a client from Harper Woods, Michigan, after she had waited more than five years with a different firm. Prior to coming to our firm, she had gone through multiple appeals, including a triple remand from the Appeals Council after the Administrative Law Judge (ALJ) had denied her case multiple times.  She contacted DLG feeling defeated, overwhelmed, and worried about her future, but that quickly changed. She spoke to Attorney Erika Riggs, who helped her understand her rights and the strategy to help her win the benefits she deserves. 

How a SSD Attorney Can Help

Our client had been suffering for years from debilitating back pain, requiring her to use a cane; she was diagnosed with degenerative disc disease of the lumbar spine, as well as epicondylitis of the right elbow, diabetes, hypertension, obesity, and depression. Our team worked swiftly and diligently to obtain all medical records and updated evidence, such as Medical Source Statements from the treating doctors, to help support our client’s disability case. Erika drafted a brief outlining the best arguments to help her win. We argued that the physician’s supportive statements are “persuasive” under the new rules, considering all the factors outlined in 20 CFR 404.1520(c).

For disability claimants who are over the age of 50 with any physical limitations (such as difficulty standing, walking, lifting, carrying, bending, etc.), the burden of proving disability becomes relaxed or easier to establish disability than for those who are under the age of 50. While this client was over the age of 50, the Social Security Administration must find that the claimant cannot perform the demands of her past work and that she would be mentally and/or physically incapable of performing most other full-time work, especially at the light level or above. 

In her cross-examining of the Vocational Expert, Erika carefully crafted hypotheticals regarding her client’s use of a cane for balance and support while standing, the inability to use the right dominant hand while standing due to the need to use a cane, and requirement to sit and take rest breaks during the workday due to pain. Ultimately, the Expert testified that there are no jobs available that this person could perform due to these limitations, which were well-supported by the client’s physicians in their statements. The ALJ agreed, and the decision was in: Fully Favorable! This decision allowed for nearly 8 years of past due benefits to be awarded to our client in addition to Medicare insurance. Winning his disability case provided a long-awaited, much-deserved lifeline for our client, allowing her to afford proper housing and received continued medical treatment. 

Contact Disability Law Group today

Whether you have a physical or mental health condition, or a combination of health problems, you may be eligible for disability benefits. If you are over the age of 50, it becomes critically important to introduce evidence to your case that will help Social Security understand your limitations, whether physical or mental. No matter how old you are, you could be entitled to receive monthly payments and insurance based on your disabling conditions. Our Social Security Disability Attorneys only practice disability law, and our consultations are always free. You can call us today to better understand your rights and how to properly plan for the future. 

Disability Law Group believes that one homeless veteran is one too many! Partner Mandy Kelly is happy to announce that she recently obtained a large retroactive benefit for a homeless veteran. We hope this settlement will allow him to obtain stable housing and enjoy the holiday season.

In August of 2022, Mandy Kelly presented the Veteran’s case for service connection for adjustment disorder, left shoulder arthritis, hypertension, and obstructive sleep apnea (OSA) secondary to his adjustment disorder to a Board of Veterans’ Appeals (BVA) Judge. Furthermore, Mandy was able to expedite this case because the veteran was homeless.

Generally, to establish a service connection, a claimant must show: (1) a present disability; (2) an in-service incurrence or aggravation of a disease or injury; and (3) a causal relationship between the present disability and the disease or injury incurred or aggravated during service, the so-called “nexus” requirement. 38 U.S.C. §§ 1110, 1131; 38 C.F.R. § 3.303. Establishing service connection on a secondary basis requires evidence sufficient to show (1) that a current disability exists and (2) that the current disability was either (a) proximately caused by or (b) proximately aggravated by a service-connected disability. Four months after Mandy Kelly presented her arguments at the hearing, the BVA issued a decision granting service connection for all four conditions. Mandy Kelly reviewed every page in the Veterans claims file. She found the necessary personnel records to support his conditions began in service, and his psychological disorder caused that obstructive sleep apnea. She provided strong medical literature supporting the causal relationship between OSA, depression, and PTSD. The judge was convinced and granted service connection retroactive to his filing date.

The lawyers at Disability Law Group understand how complicated this area of law can be. If you, or someone you know, suffers from adjustment disorder, PTSD, anxiety, or depression and developed obstructive sleep apnea due to your time in service, contact Disability Law Group today for your free consultation.

Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. If you were already denied or would like advice from the start, contact us today and speak with one of our attorneys to understand your rights and get the representation you need.

A veteran came to Disability Law Group for assistance after the Department of Veterans Affairs had denied his claim for Parkinson’s disease based on Agent Orange exposure. Parkinson’s disease is a presumptive condition of Agent Orange exposure if:

• The Veteran served between January 9, 1962 and May 7, 1975 in the Republic of Vietnam, OR
• The Veteran served aboard a U.S. military vessel that operated in the inland waterways of Vietnam, OR
• The Veteran served on a vessel operating no more than 12 nautical miles seaward from the demarcation line of the waters of Vietnam and Cambodia, among certain other locations.

Here, our client had been sent to Vietnam in the fall of 1968 to treat for a back injury he incurred while deployed to Thailand. The VA denied his claim for Parkinson’s disease based on their determination that there was no evidence in the Veteran’s service records that the Veteran was in Vietnam during the presumptive period. The Veteran provided a detailed statement that described his back injury and his treatment in Vietnam. His service treatment records documented his back injury, but did not contain the treatment records from his time in Vietnam.

Attorney Bridget Drop knew that finding evidence that showed the Veteran was in Vietnam was crucial to winning his case and getting the VA to grant his claim for service connected compensation. She began with a thorough review of his VA claims file, knowing that the VA can overlook documents, as the claims file is thousands of pages long. In her detailed review of the Veteran’s file, Bridget found a treatment progress report that documented the Veteran was received in Cam Ranh Bay Vietnam on November 2, 1968.

Because this evidence was already in the Veteran’s claims file, Attorney Bridget Drop filed a Higher Level Review appeal. At the informal conference she explained to the Decision Review Officer the evidence that documented his time in Vietnam. The VA granted his claim for service connection for Parkinson’s Disease based on Agent Orange exposure in Vietnam.

In her review of the Veteran’s file, Bridget noted that the Veteran was denied service connection for his claim for coronary artery disease (ischemic heart disease) due to Agent Orange exposure in 2011. Coronary artery disease is another presumptive condition of Agent Orange exposure. She filed a supplemental claim to re-open the previously denied claim for coronary artery disease due to Agent Orange exposure, now that there was evidence of the Veteran’s time in Vietnam during the presumptive period.

In the end, the VA granted service connection for the Veteran’s claim of coronary artery disese based on Agent Orange exposure at 60%. What’s more, under the special effective date rules as a result of the Nehmer v. U.S. Department of Veteran Affairs class-action lawsuit, the effective date went back to August 2010! We are thrilled to be able to provide such life-changing result for our clients, especially Veterans who deserve it most.

If you have any questions about your case, and whether you should be entitled to a rating – whether you have never filed or are looking to appeal – we can help. Call us today for your free consultation.

In February 2020, right before the pandemic began, attorney Randall Mansour spoke to a woman who needed assistance with her Social Security Disability case. The claimant had a steady work history until 2007 and then had numerous health problems forcing her to quit working. After listening to her story, it was apparent that this client desperately needed our help. However, we knew it would be a complex case to prove disability as her work credits expired in March 2012, meaning we would need to prove that disability began as of that date. Thankfully the claimant has been in ongoing/consistent treatment since 2007. However, she had problems obtaining those records to prove that. The claimant suffered from a combination of physical and mental health conditions that worsened over the last 15 years.

When she called Disability Law Group, she was met with empathy and felt confident that we could assist her with this final hurdle. We requested and received thousands of pages of medical records to support a finding of disability. The client was initially denied, and a reconsideration appeal was filed immediately after this denial. During the reconsideration stage, we submitted additional medical records that we thought would help prove she became disabled before 2012. The case was denied at the reconsideration level, and DLG immediately requested a hearing in front of an ALJ.

How a Social Security Disability Attorney Helped

The treatment notes were vast in this case and encompassed more than 18,000 pages of medical evidence! We spent countless hours reviewing the treatment notes, breaking down the file, writing the supportive brief, and preparing the claimant for her hearing. Following a lengthy hearing, the ALJ agreed with our arguments and ultimately found the claimant disabled as of January 2012, before her work credits expired. The claimant was ecstatic to know that we won her case and, more importantly, would receive the monthly benefits and Medicare she desperately needed and the many years of back pay she deserved.

If you or someone you know suffers from any physical impairments or mental health, contact us today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. We will work with you, and alongside your doctors, to ensure all evidence needed is received. You can rely on our team at Disability Law Group from start to finish to provide you with expert advice, compassionate representation, and the benefits you deserve.

Attorney Jason Pearson at Disability Law Group recently helped a veteran client receive a 100% rating dating back more than a decade. His client served in both the Air Force and the Army, and he developed significant hearing loss and tinnitus with vertigo in service, resulting in a diagnosis of Meniere’s Disease. Ultimately, he was separated from service for the condition and granted service connection at 30% in 2005. However, his symptoms gradually became much worse.

As a result, in November 2010, the veteran filed for an increase of his Meniere’s Disease, requesting 100% evaluation. With his claim, he submitted statements from family and friends confirming hearing loss and with attacks of vertigo and staggering more than once a week (required for a 100% rating for the condition). VA sent the veteran to a medical exam where the examiner failed to conduct the proper testing and ignored statements made by the veteran regarding his symptoms. Based on the inadequate examination, VA denied the veteran’s request for an increase. Evidence in the file, which included statements from relatives that they have witnessed the symptoms which qualify for 100%, and the veteran’s VAMC medical records showing he was complaining of symptoms that qualify him for 100%, were ignored.

The veteran appealed VA’s denial. In fact, he spent the next several years dealing with the VA appellate process. He eventually appealed VA’s denials to the Board of Veteran’s Appeals (BVA) in January 2016, which remanded the case in 2018, telling VA to obtain a new examination. VA obtained a new examination in July 2019 which resulted in VA granting the veteran 100% for Meniere’s Disease in a September 2019 Rating Decision. However, VA only granted the increase back to the July 2019 C&P examination, claiming this is when VA had the evidence of the veteran meets the criteria for 100%.

The veteran came to our firm in November 2021, well past the one-year date for a traditional appeal. He had spent more than two years trying to get help with an earlier effective date. Offices were closed due to the COVID-19 pandemic and finding representation was difficult during that time. Before he found our office, the one-year deadline for appeal had passed. He kept reaching out for help but was told time and again that because the decision was more than one year old, there was nothing he could do.

That changed when he contacted Disability Law Group. Because our attorneys keep apprised of the latest developments in VA law, we knew VA provided extensions for late appeals due to the COVID-19 pandemic and this case qualified. So we took his case! We filed a Higher Level Review and explained that the appeal was being filed late due to the pandemic. VA followed up with a letter stating that our appeal was rejected because it was filed more than one year after the last decision. Undeterred, our attorneys reminded VA of its own rules and once again requested that the appeal be opened.

Recognizing that we were correct, VA finally scheduled the Informal Conference for the Higher Level Review. Because our attorneys spend a great deal of time going through each page of a client’s VA file, the attorney working on the veteran’s file knew each piece of evidence in the file and when it was received. During the informal conference, our attorney pointed out each piece of evidence and why it required VA to provide an earlier effective date for a 100% rating. A few weeks later, VA issued a new decision which granted a rating for 100% for Meniere’s Disease effective November 2010. We are all very glad that the veteran did not give up.

The lawyers at Disability Law Group understand how complicated this area of law can be. If you, or someone you know, suffers from mental health issues due to VA care or time in the service, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. Whether you were already denied or if you would like advice from the very start, contact us today and speak with one of our attorneys to understand your rights and get the representation that you need.

One of the main reasons the founding Partners of Disability Law Group started their own firm is because we wanted to create a law firm that gave back to the community. One of the ways the partners can do this is through Pro-Bono Cases. The VA has limitations on what stage an attorney can enter into a fee contract with a Veteran or a substituted party. Most of the time, this limitation will limit when an attorney can assist with obtaining benefits, but there are times when the injustice seems too much. The attorneys at Disability Law Group know they need to help even if they cannot receive a fee.

Attorney Mandy Kelly Wins Pro-Bono Case for Veteran’s Widow

In August of 2020, Partner Mandy Kelly decided to take a pro-bono case to assist a widow of a disabled veteran get the survivor benefits she was entitled to. The Veteran’s widow came to Mandy Kelly for advice on filing a cause of death claim before the Department of Veteran Affairs. Her deceased husband struggled with mental health and substance abuse issues for a long time.  Unfortunately, this substance abuse led to his death. With a disabled child to take care of, the widow knew she needed an experienced attorney’s help to get the survivor benefits she was entitled to. Mandy Kelly prepared the widow’s “cause of death” claim by gathering the appropriate medical records, obtaining a medical opinion, and submitting the fully developed claim to the VA. Unfortunately, the VA ordered an unnecessary medical opinion and denied the claim even though the record was clear that the Veteran’s service-connected mental health issues led to the veteran’s death.

Attorney Mandy Kelly quickly filed a Higher Level Review appeal and conducted an informal conference. She pointed out that the record was clear that the Veteran’s mental health condition led him to substance abuse issues that ultimately caused his death. The Decision Review Officer agreed with Mandy Kelly, and the widow was finally able to receive the benefits she was entitled to.

The lawyers at Disability Law Group understand how complicated this area of law can be. If you, or someone you know, suffers from mental health issues due to VA care or time in the service, contact Disability Law Group today for your free consultation. Our attorneys and staff specialize strictly in disability benefits, and we will fight to help you win every benefit you deserve. Whether you were already denied or if you would like advice from the very start, contact us today and speak with one of our attorneys to understand your rights and get the representation that you need.

Earlier this month, Disability Law Group secured benefits for a young man struggling to cope with his mental health conditions.  He had spent the better part of the last two years homeless and in and out of jobs that, due to his mental illness, he simply was not able to maintain.  Winning his disability case was a lifeline for the claimant, helping him maintain housing and focus on his mental health. In fact, the benefits he would receive through Social Security for his disability would provide not only a monetary benefit but insurance he desperately needed as well. 

Cases involving young people with mental illnesses are some of the most difficult cases to win.  For claimants under 50, the Social Security Administration must find that the claimant cannot do even the least mentally and physically demanding full-time (or substantially gainful) job available in substantial numbers in the economy.  This is a high burden, made harder in the absence of physical limitations. 

Despite the difficulties, there are several ways to present a case involving mental illness, as Disability Law Group was able to do for the above claimant. Regular treatment, consistent statements regarding the severity and nature of the symptoms, along with compliance with medication, all contribute to help to overcome the high burden and prove disability. 

Due to the subjective nature of mental health complaints, hearing testimony becomes critical in a case mainly involving mental illness. Disability Law Group attorneys spent time preparing the claimant to testify at the hearing, including prepping him for what to expect, reviewing the medical file with each client along with any past statements, and preparing for the questions that would be asked by the judge and/or the attorney at the hearing. 

Additionally, Disability Law Group fought hard to make sure that each and every medical file was put before the judge for consideration. Attorney Nura Lutfi drafted a detailed brief outlining the medical records and made an impassioned argument at her client’s hearing outlining his impairments and the devastating impact they had on his life.  Disability Law Group went the extra mile to win this case.  As a result, the claimant was approved for the benefits he so much deserved!

Whether you have a mental health condition or a combination of health problems, you may be eligible for disability benefits. No matter how old you are, you could be entitled to receive monthly payments and insurance based on your disabling conditions. Mental health conditions, while difficult to win on its own, can qualify you or a loved one for disability. Our Social Security Disability Attorneys only practice disability and our consultations are always free. You can call us today to better understand your rights and how to properly plan for the future.

In 2019, a Navy Veteran came to Disability Law Group after he was denied service connection for 5 years. He was claiming service connection from the VA for injuries he sustained in a motor vehicle accident that he was involved in while serving in the Navy. His conditions ranged from degenerative arthritis of his neck and back, radiculopathy of his arms, depression, and obstructive sleep apnea. This accident changed his life and caused him serious pain and difficulty functioning day-to-day. Unfortunately, the Veteran was even unable to work because of his injuries. Attorney Bridget Drop took on the case and knew right away that a clear medical opinion and supportive medical literature would be essential to proving service connection and helping this veteran win his case and the compensation he deserved. 

In order to prove a condition is service-connected a veteran must prove the existence of a current disability, in-service incurrence or aggravation of a disease or injury, and causal relationship between the present disability and the in-service event, also known as the “nexus”. There are, however, different theories of service connection. “Secondary” service connection occurs when a service-connected disability causes or aggravates another condition or illness. 

In this case, the team at Disability Law Group worked together to review the file, obtain all medical evidence needed, the Veteran’s entire file, including his personnel records, and even additional letters in support. Attorney Bridget Drop got to work in assisting the Veteran with a detailed medical opinion, supported by medical literature, that helped make it clear that the Veteran’s current conditions were either caused by, or secondary to, his in-service accident. 

Attorney Drop provided the Board of Veterans’ Appeals with the updated evidence, critical testimony from the Veteran, and her argument that a high-impact accident can cause degenerative arthritis, resulting in many of the conditions her client suffers from today. Medical literature was also supplied that supports that obesity is a leading risk factor for obstructive sleep apnea, and because of the Veteran’s physical conditions that were caused by the motor vehicle accident in service, he was unable to exercise leading to his excessive weight gain. Here, the theory was that his obesity was caused by his back condition which was a direct result of his accident in service. 

A Board of Veterans’ Appeals Decision from December 2021 determined that the Veteran’s back and neck degenerative arthritis and depression was caused by the motor vehicle accident in service and that his obstructive sleep apnea was indeed secondary to his back and neck conditions. We were successful in proving service connection for our client for his claims, resulting in a large lump sum of back-pay and monthly compensation for our client. The attorneys at Disability Law Group understand that Veterans rely on VA disability benefits when their service-connected disabilities prevent them from working and use their knowledge of disability benefits to get their clients all of the benefits they are entitled to. Our consultations are always free, and disability is all we do.