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TSGLI LITIGATION For Veterans With Arbitrary And Capricious Denied Claims
TSGLI Denied Claim
TSGLI Litigation For Veterans With Denied Claims
when a branch of service denies a member’s TSGLI claim, members have the right to a full administrative appeal process. Members also have the right to file suit in federal court to contest an adverse TSGLI decision. This can be done at anytime after the first denial. However, it is generally advised that clients wait until all administrative appeals have been exhausted.
According to the TSGLI Procedural Guide:
“The member has the option to sue in federal court on the denial of a TSGLI benefit at anytime.”
when a branch of service denies a member’s TSGLI claim, members have the right to a full administrative appeal process. Members also have the right to file suit in federal court to contest an adverse TSGLI decision. This can be done at anytime after the first denial. However, it is generally advised that clients wait until all administrative appeals have been exhausted.
In federal court, judges have ruled that if the TSGLI office acted in an “arbitrary and capricious” manner, the court can provide guidance. But the court cannot give a direct order to pay benefits. This is why exhausting all appeals before court is important.
Offices Act in an Arbitrary and Capricious Manner
For some veterans, despite winning in court, the fight for benefits still continues. However, it is important to take on the TSGLI offices at all levels after a wrongful denial, and wrongful denials are very common. Not only in the pursuit to win your benefits, but to set the TSGLI offices straight and slowly chip away at the systematic disposition for denial that has negatively affected so many other servicemembers.
Case In Point
Recently, Mr. C won in federal court in Kentucky. When Mr. C, a former member of the US Army National Guard, was denied of TSGLI benefits by the final administrative appeal at the US Army Board for Correction of Military Records, he filed for a review by a federal judge.
About The Case
Mr C, suffered an ankle injury during a forklift accident. He originally filed a claim for benefits under the TSGLI in 2012. The Army denied his claim on the basis that he was unable to provide sufficient documentation to support his claim for loss of ability to independently perform two or more ADLs for at least 30 consecutive days.
After several administrative appeals and a final denial, Mr. C. filed a petition against the government in 2015. Mr. C. won and the TSGLI process was deemed “arbitrary and capricious” and the decision of the US Army Board for Correction of Military Records was vacated (cancelled) and the court gave the case back to the Board for proceedings.
So, for Mr C., the process began again. It truly is a shame that a federal judge rules the government is denying claims for severely injured servicemembers in an “arbitrary and capricious” manner.
Offices Act in an Arbitrary and Capricious Manner
The Judge found that the the Army Board for Correction of Military Records (ABCMR) decision to deny Mr. C’s appeal for TSGLI benefits was arbitrary and capricious because the decision ran counter to the evidence presented.
The Judge confirmed that in addition to the proper medical certification and medical records, Mr. C. also submitted a detailed caregiver statement from his father in which the father stated that Mr. C. could not bathe, dress, transfer or toilet without assistance from him.
The father indicated that from the date of the injury, February 22, 2006 until “on after July 22, 2006” Mr. C had to be assisted with bathing, eating, dressing, transferring to and from bed, and using the bathroom.
The judge found that the evidence presented did indeed indicate that the TSGLI Standard for Loss of Activities of Daily Living were met.
If you have been denied your TSGLI benefits, there are many levels of appeals to navigate before taking your case to federal court.
At Cameron Firm, PC., we handle TSGLI cases nationwide.
As an experienced attorney and military veteran, Mr. Cameron is highly knowledgeable of TSGLI requirements and the related process.
We work with qualified and experienced medical professionals to help process your TSGLI claim. Our legal staff will further assist in gathering all needed medical records, investigative reports, evidence, and statements from witnesses. Contact Us Now!"
US COURT OF APPEALS FOR VETERANS CLAIMS
SPECIAL MONTHLY COMPENSATION
TOTAL DISABILITY INDIVIDUAL UNEMPLOYABILITY
DISABILITIES DUE TO AGENT ORANGE EXPOSURE
DEPENDENCY INDEMNITY COMPENSATION
POST TRAUMATIC STRESS DISORDER
Cameron Firm, PC.
https://tsgliclaim.com
https://veteranappeal.com
We handle claims nationwide.
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