WCB Helps Secure Benefits Victory for Veteran

On June 25, 2008, the Department of Veterans' Affairs Decision Review Officer in the matter of Donald E. Appler, File No. 414 52 2504, issued a decision awarding service connected disability benfits to Mr. Appler, a Vietnam War veteran.  Mr. Appler had been denied disability benefits for his cancer at the base of his tongue, which was caused by his exposure to Agent Orange in Vietnam.  On appeal, Beth G. Cole of Williams Cuker Berezofsky and Stephen S. Pennington and Jamie Ray of Pennington Ray Law Office convinced the Decision Review Officer to grant service-connected benefits, successfully arguing that Mr. Appler's cancer was a squamous cell carcinoma of the oral pharynx, a disease statutorily presumed to be caused by Agent Orange exposure.  Mr. Appler, who underwent left radical neck dissection, was also awarded service connected disability benefits for the associated scarring, muscle impairment, difficulty swallowing, motor speech disorder, and limitation of motion.