June 18, 2016 (WASHINGTON D.C., NEW YORK) – In a
hard-fought case that began in 2009, Proskauer associate David
Mordkoff succeeded in obtaining more than $3,500 per month in
disability benefits for a veteran who, when she first sought the
Firm's help, had only been receiving about $500 per month for
the injuries she suffered as a result of her military
service.
Our client joined the U.S. Navy in 2004. While at her initial boot
camp, she injured her ankle, and was instructed to rest the ankle
for a couple days before returning to active training. While
recovering in her room, a petty officer ordered her to "scrub
the deck" to remove black marks on the floor. She requested a
scrubbing device to complete the task, but the petty officer
directed her to put a rag under her foot to scrub the floor,
despite her injury. She followed orders and while scrubbing with
her healthy foot, her other leg gave out. She fell and crashed into
the rack supporting her bed, hurting her shoulder and back.
Injuries from this fall have grown worse over time. Her pain is so
extreme that after she had her first child, she could not lift her
infant son or bend over to change his diapers.
Proskauer began representing the veteran in 2009 through a referral
from the City Bar Justice Center's Veterans Assistance Project.
David reviewed her medical files and submitted papers to the
Department of Veterans Affairs seeking an increase in her
disability benefits for several different conditions. To that
point, the V.A. had denied her claims that her debilitating
shoulder condition was "connected" to her military
service.
In 2011, the V.A. increased the amount that our client received for
headaches and other conditions, but again held that her shoulder
injuries were not related to her military service. David then
commenced the lengthy appeals process to challenge that denial. In
2013, David appeared before a decision review officer at the V.A.
Regional Office in New York to argue on the client's behalf
that her claim for "service connection" for her shoulder
injuries should be granted. In 2014, the decision review officer
issued a decision that, for the first time in 10 years, provided
official recognition by the V.A. that the veteran's shoulder
injuries were incurred during and caused by her military service.
This decision awarded retroactive benefits, but refused to
compensate her at the 100% level.
Unsatisfied with this partial victory because the client was
disabled and unable to work due to her service-connected injuries,
David continued to press for increased benefits and filed an
application for Individual Unemployability on the veteran's
behalf, despite knowing that it would likely take another two years
to succeed on this application.
At long last, in April 2016 David received a decision awarding
benefits to the client at the 100% compensation level, which has
resulted in payments of more than $3,300 per month retroactive to
2014. When her dependent spouse and child are added in, the client
now receives over $3,500 per month. In addition to increased
compensation, the 100% rating qualifies her for several other V.A.
benefits that were previously unavailable to her.
Congratulating David on this victory, Kent Eiler, the director of
the Veterans Assistance Project at the City Bar Justice Center,
commented that the dramatic increase in benefits is "a
complete game-changer for [the client] and her family. I am so
pleased to hear about the life-changing difference you've
made."
Securing Disability Benefits for a Veteran in Need
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