L v VA (Waco RO)
Mar 01, 2013OUTCOME: Grant of DIC and past-due benefits
Surviving spouse of Vietnam Veteran wins service-connection of the Veteran's cause of death (DIC), and 20+ years of past-due benefits.
Little Rock, AR
Military law Lawyer at Little Rock, AR
Practice Areas: Military Law, Appeals ... +2 more
OUTCOME: Grant of DIC and past-due benefits
Surviving spouse of Vietnam Veteran wins service-connection of the Veteran's cause of death (DIC), and 20+ years of past-due benefits.
OUTCOME: Service connection granted, past-due benefits paid
Veteran granted service connection for mental health condition, secondary to in-service hysterectomy.
OUTCOME: Grant of service connection, past-due benefits
Veteran was victim of rape in service; successfully proved service-connection of PTSD resulting from the rape (what military calls "military sexual trauma")
OUTCOME: Increase granted, past-due benefits paid
Vietnam Veteran awarded increase in disability compensation from 40% t0 80% for a knee condition.
OUTCOME: DIC and Accrued Benefits granted; past-due benefits paid
Surviving Spouse wins service-connection of cause of death, and 12 years of accrued benefits for a Brown Water Navy Vet who died from conditions caused by Agent Orange Exposure.
OUTCOME: Veteran awarded past due benefits
The Veteran was initially referred to the Attig Law Firm in 2007 when his claim for Veteran's Disability Compensation was before the Court of Appeals for Veterans Claims (CAVC). The Attig Law Firm se ... cured a remand of his case to the Board of Veterans Appeals (BVA) for further development of evidence due to, among other things, a Stegall violation. On remand, the BVA referred the matter to the VA Regional Office (VARO). The VARO then granted service-connection, awarded an effective date of 2002, and paid past due benefits in excess of $100,000.
OUTCOME: OPM Withdraws Decision Denying Benefits
When our client reached age 62, OPM reduced his annuity pursuant to provisions known in civil service circles as the “Catch 62 provisionsâ€. “Catch 62 provisions†allow certain federal emplo ... yees with post-1956 military service to buy their military service into their civil service annuity. Employees who do this before retirement receive a larger monthly annuity throughout their entire retirement. Employees who do not make this deposit before retirement will have their annuity reduced at age 62. Our Client claimed that he was denied the opportunity to make his deposit due to administrative error by his employing agency. The Administrative Error consisted of advice from the employing Agency (Department of the Army) that was erroneous - our client claimed he was informed that failing to make the deposit would not impact his retirement annuity. OPM disagreed ,finding that our client had the opportunity to make the deposit. After discovery served on OPM, and discovery served on a third-party Agency, OPM withdrew its denial, and has allowed our client to make his deposit and receive the higher annuity. OPM agreed allow our client to make the deposit for his military service credit so he could receive an additional increase in his retirement annuity for the rest of his life.
OUTCOME: Client receives OPM Disability retirement
Due to privacy reasons, our client's name has been withheld. Our client was denied disability retirement benefits by OPM. The client came to the Firm after receiving a denial letter from the Office ... of Personnel Management. In November 2008, the Firm convinced OPM to withdraw its decision denying disability retirement benefits. OPM agreed to do so, and our client is currently receiving retirement benefits.
OUTCOME: Federal Employee's 30 day suspension was cancelled
Federal employee was suspended for 30 day for lack of candor and other disciplinary charges. After appeal to the Merit Systems Protection Board (MSPB), the suspension was cancelled and the employee res ... tored to duty with back-pay, interest and attorney fees.
OUTCOME: EEOC AJ Issues Notice of Intent to Find discrimina
Our client is a helicopter electrician with Department of the Army. He claimed, among other things, that he was the victim of disability discrimination when he was not-selected for a work leader p ... osition in May 2007, and that he was a victim of disability discrimination when the Agency failed to accommodate him for his disabling condition (knee and shoulder impairments). The Administrative Judge agreed with our client, issuing notice of intent to issue a finding of disability discrimination, and giving the Parties additional time to attempt to reach a negotiated resolution. The case is still in negotiation pending the ruling of the Administrative Judge.