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Court Wins

CCK Helps Vietnam War Era Veteran Win Special Monthly Compensation Benefits

May 10, 2022

History of Service

The Veteran served in the United States Army during the Vietnam War Era from August 1965 to July 1969.  During his service, he worked as a machinist and received the National Defense Service Medal.  He served abroad for two years.

Case Summary

In 2016, with the help of CCK, the Veteran filed his first claim for service connection for diabetes mellitus type II and peripheral neuropathy.  In 2017, the Department of Veterans Affairs (VA) granted service connection and assigned the Veteran a 20 percent rating for both conditions.

Still, the Veteran filed an Notice of Disagreement (NOD) to seek an increase rating for both conditions, as well as entitlement to total disability based on individual unemployability (TDIU).  Shortly after, the Veteran also requested service connection for Peyronie’s disease and bilateral hearing loss.  Alongside this appeal, CCK submitted a report from a vocational expert, who opined that the Veteran had been unable to obtain or maintain substantially gainful employment since at least 2016 on account of his service-connected disabilities.

VA granted benefits for tinnitus, but denied entitlement to Peyronie’s, bilateral hearing loss, and TDIU.  The Veteran appealed this decision; however, VA denied his appeal once again.  The series of appeals and denials would continue until 2018 when the Veteran was granted service connection for peripheral neuropathy in the right and left upper and lower extremities, all of which were rated at 20 percent.

CCK Appeals to the Board

Knowing the Veteran should be entitled to a higher rating, CCK helped him file an appeal to the Board of Veterans’ Appeals.

In April 2019, the Board of Veterans’ Appeals granted service connection for bilateral hearing loss, and remanded service connection for Peyronie’s Disease and an increased rating for diabetes, peripheral neuropathy, and entitlement to TDIU.

Finally, in June 2021, VA issued a rating decision which granted an increased rating for right upper extremity peripheral neuropathy to 30 percent, an increased rating for left upper extremity peripheral neuropathy to 30 percent, service connection for Peyronie’s Disease, and entitlement to Special Monthly Compensation (K) and DEA benefits.