Simpson Thacher Wins Appeal Securing Veteran’s Disability Benefits
09.05.23
This is only gets display when printing
Simpson Thacher successfully obtained a decision from the Department of Veterans Affairs (“VA”) overturning a denial of a portion of disability benefits for a veteran who had served both in the Army and the Army Reserve for a total of 17 years. The Army veteran suffered a service-related injury leaving him with significant lumbar and cervical spine injuries. Following his discharge in 2000, the veteran was granted disability benefits in 2001 for the lumbar injury, but despite relying on the same evidence to support the lumbar injury, the VA denied benefits for the cervical injuries. In 2004, based on the substantially similar evidence provided in 2000, the VA finally granted disability status recognizing the veteran’s cervical spine injuries, but would not amend his discharge status to reflect the total disability severity and would not issue retroactive payments to cover the difference in benefits for the preceding four years. After the veteran’s 20 year fight with the VA to appeal that decision, Simpson Thacher filed an appeal of Clear and Unmistakable Error seeking to overturn the VA’s original 2001 decision, which had denied the veteran the cervical spine injury disability benefits. Despite an initial denial, the Firm filed a subsequent request for a Higher Level Review of the Clear and Unmistakable Error appeal, which was granted. As a result of the Firm’s success in overturning the VA’s 2001 decision, the veteran will not only receive retroactive payments covering 2000 to 2004, but this will now enable the veteran to petition to change his discharge status such that he would become eligible for additional disability retirement benefits that have been withheld for more than 20 years.
The Simpson Thacher team included Lynn Neuner, Laurel Fresquez, Pierce MacConaghy, and Jonathan Kaplan.