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Bergmann & Moore Wins Benefits for Veteran with Back Injuries

After 12 years of VA delays and denials, Bergmann & Moore won VA service connection for a Vietnam Veteran disabled due to a serious back injury he suffered while in the Army.

In 2005, the Veteran filed a claim for disability compensation for his chronic back condition.  Sadly, the Veteran’s VA claim nightmare began when a VA claim examiner made an error and diagnosed the Veteran with arthritis of the hips.

As a result of VA’s mistake, in 2015, VA denied service connection for the Veteran, and that meant the Veteran would not receive VA disability compensation and VA healthcare.

From 2005 until 2013, the Veteran fought VA alone and kept his claim appeal alive at his local Regional Office (RO) and the Board of Veterans Appeals (Board) in Washington, DC.  In November 2013 the Veteran retained Bergmann & Moore, who represented him before the Court of Appeals for Veterans Claims (Court) in Washington, DC.

Aggressively representing the Veteran at the Court, Bergmann & Moore submitted legal arguments about VA’s mistakes.  In November 2014, Bergmann & Moore was successful in obtaining a Joint Motion for Remand, wherein VA admitted it made mistakes in the adjudication of the claim.  The Court issued a remand, sending the Veteran’s claim to the Board to reconsider the Veteran’s appeal.

Continuing to advocate for the Veteran at the Board, Bergmann & Moore submitted additional medical evidence and legal arguments to the Board supporting the Veteran’s claim.  In September 2017, after 12 years of fighting, the Board granted the Veteran service connection, giving the Veteran his hard-fought victory.

The Board now must return the Veteran’s appeal to his local RO.  The RO will then set the Veteran’s disability percentage rating and effective date for his back injury.  That could mean years of retroactive disability payments from VA to the Veteran.

Bergmann & Moore will continue with him every step of the way until the RO completes all the paperwork so he can get paid and receive VA medical care.

This is one more example of how Bergmann & Moore listens, cares, and fights for our Veterans in order to obtain the maximum VA benefits allowed under the law.  We know the journey and can get you through.

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