Kansas City, MO—Kansas City Litigation partner Jerry Wolf secured a significant pro bono victory from the US Department of Veterans Affairs (the VA) on behalf of a US Marine Corps veteran, Mr. B, who will be compensated at 100 percent disability for post-traumatic stress disorder (PTSD) sustained in the Vietnam War. After several years of contention with the VA over its initial determination of compensation owed for Mr. B's PTSD, Jerry persuaded the agency to disburse the full value of compensation at 100 percent disability for both the disorder and proven unemployment. The substantial award not only represents justified recompense for trauma incurred in the line of duty, but is also a significant source of supporting income that will markedly improve Mr. B's quality of life.
 
Mr. B had served as a power plant mechanic and plane captain at an Air Force Base during the Vietnam War, where he was principally responsible for maintaining a high availability rate for the Squadron RF-4B Photo recognizant aircraft. During this period, he experienced many stressor events that would ultimately trigger substantial, long-term psychological distress. Despite the severity of his trauma, however, the VA only awarded Mr. B 30 percent disability, even though the agency acknowledged his service-related PTSD.
 
Jerry then stepped in to take up Mr. B's cause on a pro bono basis. A psychologist was retained at the firm’s expense to provide two medical opinions on the client's condition. These medical opinions acted as key supporting evidence in a brief submitted to the VA in July 2011, bolstering the firm's notice of disagreement with the agency's decision. Jerry marshaled evidence to argue for at least 70 percent or more disability as a result of Mr. B's  PTSD and, due to total unemployment as a result of the disorder, an actual rating of 100 percent disability. Consistent with federal law, if a veteran has higher than 70 percent disability and also cannot be employed, he or she is entitled to receive 100 percent disability and corresponding compensation.
 
After three years of pressure, the VA handed down a revised decision in accordance with Jerry's argument, awarding full 100 percent disability based on Mr. B's PTSD and inability to be employed. The award was effective from the filing date of his initial claim in February 2010, and the client immediately received a considerable lump sum of over US$100,000 in back pay—more than he could have imagined. He will continue to collect increased monthly payments at 100 percent disability.
 
This favorable decision marks a significant victory for Mr. B. The firm’s underwriting of the psychologist’s opinion in 2011 proved a critical component in the hard evidence presented to the VA and was instrumental in effecting the agency’s revised decision, ensuring that justice was served for a veteran of the US Marines.

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