Black & Jones Wins 100% Rating for Vietnam Veteran with Kidney Cancer

A veteran contacted us to represent him for service-connected compensation benefits as he felt his previous attorneys were unresponsive and not seeking compensation for all of his conditions. We were happy to take over his claim and get things on track! Though you don’t need a lawyer to file a claim, the process to file on your own can be daunting and long. Having a lawyer by your side gives you an advocate that can ensure you don’t miss a single step along the way.

For example, this veteran served for over a decade as a Marine. His service ended in 1986. The U.S. Department of Veteran Affairs (VA) had already conceded that he had several disabilities that were service connected such as tinnitus, scars, hearing loss, arthritis of the spine and sciatica. His prior counsel had filed a claim alleging he was totally disabled based on individual employability (TDIU). However, the claim was denied, and the appeal was moving very slowly. In addition, the VA was attempting to improperly lower his rating for his arthritis.

Building a Stronger Case

Black & Jones immediately identified several issues with the claim. The veteran had been diagnosed with renal cell carcinoma, a rare form of kidney cancer, but there was no pending application for compensation trying to link that condition to his military service. During his service, he was exposed to toxic water at Camp Lejeune. Under the PACT Act, veterans are entitled to a presumption that certain diagnoses are connected to their time in the military.

If a veteran can show that he served in the military, was exposed to toxic water at Camp Lejeune and later diagnosed with kidney cancer, then it is automatically presumed that his condition is service connected.

We knew that the first step was going to be to file an application for compensation benefits on behalf of the veteran for his cancer. But it turns out this wasn’t the only issue. We identified that the veteran’s rating for his lumbar spine was also being reduced and a request for a hearing had not yet been filed to prevent the lowering. It also became clear that the evidence submitted regarding the TDIU claim was missing important documentation showing the veteran could not work. Black & Jones knew the case would be even stronger if that evidence was submitted and considered by the VA.

Victory in 90 Days

The very first thing Black & Jones did was file an application for compensation benefits on behalf of the veteran regarding his renal cell carcinoma. In addition to the requisite form, we submitted written arguments outlining why the veteran’s application should be granted. We then were able to submit medical evidence including a claimant’s statement from the veteran and medical records documenting that the veteran had a diagnosis of renal cell carcinoma which would be presumptively connected to his service.

After the application was filed and the arguments and medical records were submitted, the VA issued a favorable decision in just a short 90 days. This is highly unusual as the VA normally takes months or years to issue decisions! The VA found that the veteran’s kidney cancer was presumptively connected to his exposure to toxic water at Camp Lejeune and granted a rating of 100% to the veteran. Unfortunately, the VA erred in assigning the effective date for his 100% rating which determines how far back in time the VA owes him monthly benefits. Even though it was an error of only 5 months, Black & Jones filed a higher-level review to get an earlier effective date. This was granted and the veteran received an additional 5 months of compensation!

We then had the veteran submit a claim under a different law for additional compensation for his exposure to Camp Lejeune water to maximize all the benefits he could receive.

In addition to the cancer claim, it was clear additional evidence should be submitted to support the TDIU claim and the arthritis rating claim. After securing the evidence that was lacking, Black & Jones filed a supplemental claim to the VA with the additional evidence. After review, the VA agreed with our position and did not lower the arthritis rating but denied the TDIU claim again. So we filed an appeal to the Board of Veterans Appeals and continued to fight to get that claim granted for the veteran.

Securing Support for Our Heroes

Here was a veteran who suffered from kidney cancer due to his dedication and service to our country. Black & Jones was able to help the veteran and secure an award of service connection and prove that he was entitled to 100% permanent and total disability compensation and ensure his rating for arthritis was not lowered. This resulted in a significant amount of back compensation benefits being paid as well as a large monthly check going forward for this veteran who sacrificed so much. We were proud to be able to help this well-deserving veteran!

Learn more about Veterans’ Compensation on our website. For your free consultation, call Black & Jones Attorneys at Law at 815-967-9000 or fill out the form to get started!

For more about the disability compensation process for veterans, read our guide for free here.