SKIP TO
CONTENT
The Veteran, a native of Puerto Rico, was in the United States Army from July 1981 to May 1990, February 2003 to April 2004, April 2004 to May 2006 and the National Guard April 8, 1991 to February 6, 2003 during the Gulf War and in peacetime. His MOS was Unit Supply Specialist. He was in Iraq from February 2003 through April 2004 as a Military Police Officer.
The Veteran reports having PTSD, alcohol abuse, migraine headaches, TMJ and various other ailments, aches and pains from his time in service. He has been unable to work since 2006, due to his PTSD, depression, anxiety and panic. He also only has a GED so job opportunities are not plentiful for the Veteran.
He filed his first claim through a VSO in February 2010. He was denied service connection in July 2013 for over twenty different physical and mental ailments, filed a Notice of Disagreement and hired our firm in August 2013. The Veteran had already been through several C & P examinations by the time he hired our firm. We went over his records with a fine-tooth comb and discovered a May 2011 C & P exam where the VA psychologist diagnosed him as suffering from PTSD. The Veteran’s source of his PTSD and mental disorders stem from an incident when he was in Iraq. The Veteran stated that a soldier “begged” him to be deployed to Iraq, the Veteran agreed, and six months later he was accompanying the soldier’s body back home to Puerto Rico. The guilt and anguish he felt was compounded by an incident that occurred when the plane with the body landed. The Veteran opened the casket and his deceased comrade was bleeding from a gunshot wound to his neck. The Veteran had to stitch the wound closed and clean up and redress his comrade before delivering the body to the wife. He never recovered from his guilt and the gruesome sight of his bleeding, deceased friend.
With the results of the VA exam, our argument and our own expert’s report, we received a positive BVA decision granting service connection for migraines, but remanding for all other issues. In a June 2017 rating decision, the RO implemented service connection for migraines at 30% effective February 23, 2010. This was not sufficient. We persisted and were able to obtain an August 2018 rating decision for TDIU and DEA effective November 7, 2016 based on a 2016 Disability Benefit Questionnaire. We were still waiting on the rest of the claim and did not stop pressuring the VA for a response. We finally prevailed in a November 2018 rating decision implementing service connection for PTSD with Major Depressive Disorder, General Anxiety, Panic and Alcohol Disorder effective October 27, 2010 and Tempo Mandibular Joint Disorder with Bruxism related to PTSD at 20% effective October 27, 2010.