At Disability Law Group, we are committed to standing up for veterans and their families—especially when they’ve been unfairly denied the benefits they’ve rightfully earned. Recently, attorney Taylor Fenner had the honor of representing the surviving spouse of a Vietnam-era veteran whose claim for survivor benefits had been repeatedly denied by the VA. The veteran passed away due to arteriosclerotic heart disease, yet the VA refused to recognize the condition as service-connected. After a meticulous review of the veteran’s service records, Taylor Fenner uncovered critical evidence that ultimately changed everything. Here’s how we made a life-saving difference for this deserving widow.
The Struggles Before Disability Law Group
For years, the surviving spouse of the veteran had been fighting for Dependency and Indemnity Compensation (DIC) benefits after her husband’s passing. The VA continuously denied her claims, stating that the veteran’s death was not caused by a service-connected condition. Adding to her frustration, the VA also claimed there was no proof the veteran served in Korea or had been exposed to herbicides such as Agent Orange.
Desperate for help and unsure of where to turn, the widow contacted Disability Law Group. Attorney Taylor Fenner immediately stepped in, determined to get to the truth and fight for the benefits this surviving spouse was so unjustly denied.
Breaking Down the Key Issues
- Proving Service in Korea Near the DMZ
The cornerstone of the VA’s denial was their assertion that the veteran had no service in Korea and therefore could not have been exposed to herbicides like Agent Orange. Taylor Fenner knew this assumption needed to be challenged.
After a lengthy and detailed review of the veteran’s service records, Taylor discovered a single crucial document showing that the veteran was stationed at Camp Kaiser in April 1968. Camp Kaiser is located just 14 miles from the Korean Demilitarized Zone (DMZ), and VA regulations clearly state that veterans who served in or near the DMZ between September 1, 1967 and August 31, 1971 are presumed to have been exposed to herbicides.
This documentation was the breakthrough that changed the case. By proving that the veteran served at Camp Kaiser during the qualifying period, Taylor successfully argued that Camp Kaiser qualifies as in or near the DMZ and therefore, the veteran should be presumed to have been exposed to Agent Orange during his military service.
- Establishing Service Connection for Cause of Death
With exposure to Agent Orange now conceded, the next step was linking the veteran’s cause of death—arteriosclerotic heart disease—to his military service. Arteriosclerotic heart disease is among the conditions the VA presumes to be related to herbicide exposure.
Taylor presented compelling medical and regulatory evidence showing that the veteran’s death was directly related to his presumed herbicide exposure. As a result, the VA finally recognized that the veteran’s death was service-connected, qualifying the surviving spouse for DIC benefits.
- Securing Retroactive Benefits Back to 2019
Taylor didn’t stop at securing monthly benefits. She also fought to ensure the widow received every dollar she was owed in backpay. By showing that the original claim had been continuously pursued since 2019, Taylor successfully secured retroactive benefits dating back to that year—resulting in a lump sum payment of over $97,000.
The Outcome: Justice and Stability Restored
Thanks to Taylor Fenner’s diligence and determination, the surviving spouse was awarded:
- Service Connection for Cause of Death
- Retroactive Benefits Dating Back to 2019
- Over $97,000 in Backpay
- Ongoing Monthly DIC Payments for Life
When Taylor informed her of the VA’s decision, the client broke down in tears. Through sobs of relief, she said, “You have not only changed my life, but you have saved my life.”
Why This Matters to You
This case is a powerful reminder that even when the VA says “no,” that’s not the final word. Veterans and their families deserve a legal team who will fight relentlessly to uncover the truth and secure the benefits they’ve earned. Whether you’re a surviving spouse seeking DIC benefits or a veteran denied a rightful service connection, the Disability Law Group is here to help.
If you or a loved one are facing a similar struggle, contact Disability Law Group today for a free consultation. Attorney Taylor Fenner and our experienced legal team are ready to stand by your side—just like we did for this brave widow—and help you secure the justice and peace of mind you deserve.
