Thursday, May 28, 2015

QR Wins Remand at Board of Veterans Appeals for Hypertension and TDIU

QR is pleased to announce that our appeal to the Board of Veterans Appeals for an Army veteran with service in Vietnam resulted in a reversal of the Pittsburgh Regional Office's severance regarding hypertension, and, a remand for further adjudication of a claim for Total Disability Based On Individual Unemployability (TDIU) benefits.  This is a benefit payable to a veteran who is unable to work due to the individual's service-connected conditions. 

The veteran applied on his own and was originally denied by the Pittsburgh Regional Office.  The Regional Office severed the Veteran's hypertension as not being directly related to Agent Orange.  

Attorney Quatrini appealed the unfavorable decision and worked with the Veteran's private physicians to indicate that the Veteran's hypertension was "more likely than not" related to his diabetes.  

Mr. Quatrini attended a video teleconference with the Veteran in Pittsburgh, PA and was able to convince the Veterans Law Judge that the Regional Office erred by severing the Veteran's benefits for hypertension because said disease was related to his diabetes, not specifically to Agent Orange directly.  Additionally, Attorney Quatrini was able to convince the Veterans Law Judge that the Veteran's case should have been reviewed for eligibility for Total Disability Based on Individual Unemployability benefits as the Veteran suffered from several service-connected conditions, and, the issue of unemployability was sufficiently intertwined with the Veteran's initial claim for an increase in benefits. 

The BVA decision will now head back to the Pittsburgh Regional Office for further adjudication, including an updated evaluation and Rating for the Veteran's conditions.

--------------------------------------------------------------
QR Veterans Disability Law Group

Serving Veterans nationwide from our offices in Greensburg, Pittsburgh, and Latrobe.

No comments:

Post a Comment