Attig Law Firm successful in Gulf War Veteran's Claim.

Veterans Benefits Attorney Chris Attig of the Attig Law Firm secured service connection and substantial past-due benefits for a client who was a Veteran of the first Gulf War (Desert Storm).

The Veteran was the survivor of a Military Sexual Trauma (MST); the Veteran was assaulted and raped by a fellow service-member.

For privacy reasons, I will not disclose the Veteran's gender, the Veteran's city/state, the VA Regional Office that handled the claim, or the branch of service in which the Veteran served.

As a result of the rape, the Veteran suffered from multiple conditions: Post Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD). (The Veteran's experience along Kuwait's Highway of Death also contributed to the Veteran's Post Traumatic Stress Disorder (PTSD).  The Veteran suffers from sleep apnea that is secondary to the Post Traumatic Stress Disorder (PTSD), and was diagnosed with HIV as a result of the rape in military service.

The Veteran filed a claim with the VA Regional Office in May 2009.  The Veteran filed a Notice of Disagreement (NOD) in May 2010. After receiving a VA Ratings Decision that denied service-connection for the Veteran's conditions, the Veteran retained the Attig Law Firm in November 2010.  The Attig Law Firm filed a Supplemental Notice of Disagreement (NOD) and Decision Review Officer (DRO) request with the VA Regional Office.

The DRO Hearing Officer (DRO) at the VA Regional Office immediately contacted the Attig Law Firm and scheduled Compensation and Pension (C&P) Exams for the Veteran in January 2011.  In July 2012, the Attig Law Firm filed a request to expedite the decision due to financial hardship that the Veteran was experiencing.  The DRO Hearing Officer (DRO) issued a Ratings Decision in October 2012.  The Veteran was granted service-connection of 50% for the Veteran's Post Traumatic Stress Disorder (PTSD) and Major Depressive Disorder (MDD), with the earliest possible effective date.

The VA Regional Office did continue its denial of service-connection for the Veteran's HIV diagnosis as well as the Veteran's claim that another medical condition, sleep apnea, was secondary to the Post Traumatic Stress Disorder (PTSD). The Attig Law Firm will continue to appeal the denied portion of the Veteran's claim to the Board of Veterans Appeals (BVA).

The Attig Law Firm would like to recognize the professionalism of the DRO Hearing Officer (DRO) that handled this claim.  Military Sexual Trauma (MST) cases require delicate handling due to the sensitivity of the issue and the often great physical and mental damage inflicted on the Veteran.  This particular DRO Hearing Officer (DRO) recognized the defects in the prior processing of the claim, and worked with the Attig Law Firm to locate and establish the evidence needed to correct those errors and narrow the disputed issues for the Board of Veterans Appeals (BVA).

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IF YOU ARE, OR BELIEVE YOU HAVE BEEN, THE VICTIM OF A MILITARY SEXUAL TRAUMA (MST), CLICK HERE TO LEARN MORE ABOUT THE HELP THAT MAY BE AVAILABLE TO YOU.

Men and Women are affected by the after-effects of a Military Sexual Trauma (MST). A recent study in California suggests that 20% of female service-members have been assaulted, raped, or harassed.  The same study suggests that 1% of male service-members have been assaulted or raped as well. (I have seen studies with much higher numbers).

You are not alone - seek professional help if you are the victim of Military Sexual Trauma (MST). Every VA Medical Center has a Military Sexual Trauma (MST) Coordinator - Click Here to Find the VA Medical Center nearest you.  Also, go to this link to learn more about Military Sexual Trauma (MST).

 

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