Davis Polk & Wardwell LLP recently secured additional Veterans Affairs benefits for an Afghanistan War veteran and a Vietnam War veteran who each suffer from post-traumatic stress disorder (PTSD).

In one case, a pro bono client who was an Afghanistan War veteran was granted additional benefits from the Department of Veterans Affairs (VA) comprising approximately $48,000 in retroactive benefits and approximately $1,400 per month going forward.

In March 2007, the veteran was granted disability benefits for a service-connected back condition related to his service, which provided him with approximately $200 per month in benefits. His claims for PTSD and depression, however, were denied due to a purported lack of service connection.

Davis Polk filed an appeal on October 9, 2009, after which the client's disability rating was increased from 10% to 20% for his back condition based on a second examination by the VA. He was also assigned a 70% rating on his PTSD claim from February 13, 2007. His combined evaluation for compensation is listed as 80% from August 21, 2010 forward. The VA further indicated that he may apply for disability benefits at the 100% rate by submitting a "Veteran Application For Increased Compensation Based on Unemployability." The benefits for PTSD are retroactive to the date that the client initially filed his claim on March 1, 2007.

In another case, the VA granted the claim of a Vietnam War veteran for service-connected benefits in connection with PTSD, increasing his disability rating from 20% to 40%. As a result, he will be awarded approximately $1,200 in retroactive benefits and approximately $540 per month going forward.

The client filed his initial PTSD claim in November 2005, which was denied by the VA. He filed a subsequent claim for PTSD benefits on October 2008, which was also denied. He retained Davis Polk on a pro bono basis in January 2009. After much time spent pursuing 40-plus-year-old military records and battle reports, Davis Polk filed a request to reopen the client's previously denied claim on the basis of the discovery of new and material evidence. On November 3, 2010, the VA granted his PTSD claim and awarded service-connected disability benefits.

The Davis Polk team representing the Afghanistan War veteran included associate Christopher Lynch and former associate John D. Couriel. The team representing the Vietnam War veteran included partner Brian S. Weinstein and associates John A.B. O'Callaghan and Darren Mahone.