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After BVA denies contentions, TVC Claims Benefit Advisor wins Total Disability for Veteran

photo of Thalia Hernandez.

photo of Thalia Hernandez.

Texas Veterans Commission (TVC) Claims Benefits Advisor Thalia Hernandez, an Army Veteran, worked with a Rio Grande Valley area Army veteran on his VA Board of Veterans Appeals (BVA) hearing regarding his Claims. Though the BVA denied contentions that he asked for, Hernandez did convince the Administrative Law Judge that the VA should have granted Total Disability Based on Individual Unemployability (TDIU).

“The appeal was initially an increase to request unemployability, an increase to Traumatic Brain Injury (TBI) and an increase for his right knee condition,” said Hernandez, pictured.

The BVA for various reasons denied TBI and kept his right knee compensation the same.

“The Judge did remand the case back to the regional office of Jurisdiction for the completion and review of a VA Form 21-8940 formally asking for TDIU.,” said Mike Jaeger, TVC Southwest District Manager for Claims and Army veteran.

“With further information on instability of his knee as a barrier to employment; plus his already established mental health issue, he was awarded TDIU,” said Hernandez.

The initial BVA hearing was held in May 2021. After several exams and medical opinions, the Remand was sent back to the BVA and on Valentine’s Day 2023, the veteran was notified that the BVA had granted his TDIU effective February 9, 2023 and going back to December 3,2015. This included the rating of Permanent and Total (P&T) which allowed his spouse to receive CHAMPVA Medical Benefits and DEA/Chapter 35 Education benefits, all of this also came with a retro payment of $106,935.00.

“A very nice Valentine’s Day present and a positive life changing event.  Outstanding work Thalia!” said Jaeger, pictured below.

photo of Mike Jaeger

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