CCK Secures Disability Benefits for Navy Veteran After Multiple Denials
CCK Law: Our Vital Role in Veterans Law
Case Summary
The Veteran served in the Navy as a Radioman from 1976 to 1979. In 2009, they filed their first claim for service connection for right finger fracture residuals, depression, a spine condition, and a lung condition related to asbestos exposure. Later in the year, the residuals of the finger fracture were granted a 10 percent rating and the other conditions were denied.
The Veteran filed a Notice of Disagreement in early 2010 and continued to seek service connection for depression, a back condition, the lung condition, and TDIU. They also sought an increased rating for the finger fracture residuals. VA denied the claim in August with a Statement of the Case.
In September 2010, the Veteran filed a VA9 appeal, seeking service connection for depression and an increased rating for the finger fracture residuals. Later in 2011, they filed a claim for service connection for PTSD. The claim for PTSD was denied, so they filed another Notice of Disagreement.
A 2012 Statement of the Case denied service connection for PTSD again. The Veteran filed a VA9 appeal for their PTSD by the end of 2012. In March 2013, a Supplemental Statement of the Case denied service connection for all pending claims (PTSD, depression, and back). It also denied service connection for the claim for increased rating for the finger fracture residuals.
In 2014, a BVA decision finally sided in the Veteran’s favor, granting the increased rating for the finger fracture residuals at 30 percent. The other conditions were all remanded back to the regional office.
In January 2018, a Supplemental Statement of the Case denied TDIU and service connection for a psych condition, which is how PTSD and depression are categorized. CCK took the case in March 2018.
CCK Fights for the Veteran’s Benefits
In August 2019, the BVA remanded the claim for TDIU and another increased rating for the fractured finger residuals. This meant the claims went back to the regional office for a Rating Decision. A Statement of the Case issued another denial in late 2019 and CCK worked hard to submit a VA9 appeal.
Finally, in March 2020, a Rating Decision granted SMC for loss of use of the hand and an increased rating for the right hand to 70 percent, effective October 2019. The decision also established entitlement to automotive adaptive equipment.
In April 2020, the regional office granted entitlement to Dependents Educational Assistance benefits and service connection for Major Depressive Disorder at 100 percent, effective July 2009. The Veteran was also granted SMC for being housebound, effective October 2019.
