Marine Corps Veteran Wins 100 Percent Rating For MST-related PTSD

In July of 2014, X.E. hired Friedman Disability after the V.A. denied his claims for a (1) greater than 30 percent disability rating for his PTSD and (2) a total disability rating based on individual unemployability (TDIU).

X.E. joined the United States Marine Corps in 1974, and was honorably discharged in 1976. During his service, X.E. was sexually assaulted by other service members, causing X.E.’s PTSD.

Following his discharge, as a result of his PTSD, X.E. developed severe symptoms of anxiety and depression and isolated himself from others. He had to be hospitalized numerous times for suicidal ideation and other severe signs and symptoms of PTSD and major depression, and his marriage ended in divorce. XE worked at a variety of short-term jobs but his anger and irritability resulted in his inability to relate effectively to his coworkers and supervisors. By 2003, M. H.’s actual employment history demonstrated that he was unable to secure and follow a substantially gainful occupation (SGO).

In 2014, after our firm obtained and thoroughly analyzed X.’s claims file, we recognized that the Regional Office (RO) had improperly ignored and failed to adjudicate X.E.’s 2009 appeal of a 2009 rating decision, despite the fact the appeal was by then over five years old.

Our firm promptly filed a Notice of Disagreement (NOD) and a Request for Expedited Adjudication highlighting the V.A.’s grave procedural error and identifying the strongly favorable medical evidence of record demonstrating X.E.’s entitlement to a 100 percent schedular disability rating for PTSD.

In May 2018, based on the evidence in the claims file and our NOD, the RO granted X.E. a 100 percent schedular rating for his PTSD with a 2003 effective date. With the assistance of Friedman Disability, X.E. received 15 years of past-due benefits totaling more than $282,000, and continuing current disability paid at the 100 percent rate.