In January 2022, a homeless veteran came to Disability Law Group seeking help after years of delay and denial by the VA. His struggle dated back to November 2015, when he filed an Intent to File followed by claims for an increased rating for his service-connected back condition, along with neck, headaches, vision problems, erectile dysfunction, and carpal tunnel syndrome.
Despite submitting all required documents within the appropriate timeframes, the VA denied all claims after more than a year. The veteran filed a timely Notice of Disagreement, but instead of properly processing the appeal, the VA took a different route—ordering a new examination and proposing a reduction of his back and back-scar ratings.
Ignoring the veteran’s credible statements and the severity of his condition, the VA pushed forward with the reduction in June 2021, despite the veteran requesting a postponement due to COVID-19, in line with VA policy. He missed the hearing, and the VA moved ahead with reducing his benefits—just as he found himself homeless and living on the streets.
That fall, the veteran contacted Disability Law Group. Attorney Jason Pearson took on the case without delay. He filed an appeal to reverse the improper reduction. At the informal conference, the Decision Review Officer agreed with Attorney Pearson’s arguments, reinstated the veteran’s 40% back rating, and awarded new radiculopathy ratings—but only as of the new exam date.
Attorney Pearson fought back again, arguing the effective date should go back to the original 2015 claim. The VA ultimately agreed, and the radiculopathy ratings were adjusted to reflect the correct date—November 2015.
Still, the veteran’s other claims from 2015 remained unaddressed. Attorney Pearson persisted, escalating the case to the Office of Administrative Review, which finally issued a Statement of the Case in October 2022, denying all claims. An appeal to the Board of Veterans’ Appeals (BVA) was filed, and a hearing requested.
Recognizing that the 2015 increased rating claim for the back also included an unemployability component, Attorney Pearson gathered additional medical evidence, including a nexus opinion. Following a Fall 2023 BVA hearing, the Board granted claims for carpal tunnel, headaches, vision problems, and neck disability, while remanding the issues of back rating, radiculopathy, and individual unemployability.
However, VA assigned 0% ratings and then closed out the claims without required exams. Once again, Attorney Pearson stepped in, demanded re-opening, and insisted on proper examinations. After exams were completed, the VA awarded increased ratings but with an incorrect effective date of April 2024.
Meanwhile, for the remanded claims, the VA denied the increased back rating and unemployability—until the BVA reversed course, granting a higher back rating and unemployability back to November 2015. Importantly, the Board found that unemployability was due solely to the veteran’s back disability.
Attorney Pearson then filed yet another appeal for earlier effective dates on the migraines, neck, and carpal tunnel claims, and raised a new issue: entitlement to special monthly compensation (SMC) for housebound status. He argued that the veteran qualified for SMC housebound back to November 2015, based on a single disability rated at 100% (the back) and other unrelated disabilities rated at 60% or more. In February 2025, the VA agreed, granting SMC housebound retroactively to November 2015, resulting in a significant back pay award.
A Message from Disability Law Group
This case exemplifies how the VA system can delay, deny, and derail valid claims—but also how perseverance and expert legal representation can change everything.
At Disability Law Group, we don’t back down. Attorney Jason Pearson’s relentless advocacy turned years of frustration into a life-changing victory for this veteran.
If you’re facing similar challenges with the VA, contact us today. We’re here to fight for every benefit you’ve earned.
