Case Study: Dan

Dan’s Case

Dan, a Vietnam Combat Veteran, was injured when attempting to catch a heavy piece of machinery that fell on his ship, resulting in injuries due to twisting his back and leg. 

He worked for years until the pain from the past injuries made it impossible to continue. He applied for VA benefits in 2004, including total unemployability, which is the monetary equivalent of 100%. The VA denied Dan’s claim, saying that the VA doctor who examined him was under the opinion that he could work.

Dan appealed partially on the grounds that the doctor’s conclusion regarding his ability to work was outside the doctor’s expertise, in addition to the opinion of three other medical personnel that supported Dan’s contentions.

His case went to the US Court of Appeals for Veterans Claims, and was returned to the Board three times before the VA finally got it right. In 2024, Dan was awarded total unemployability benefits, bringing him from 40% to 100%. Dan’s benefits took 20 years to be correctly awarded. 

In Jones v. West, 482 12 Vet. App 383, 386 (1999) the U.S. Court of Appeals for Veterans Claims found that while a medical expert may be competent to testify about the medical issues in a case, the expert may not be competent to testify about other issues such as employability.