In 2011, Graybill & Hazlewood attorneys Donald Peterson and Sean McGivern were retained by a fireman suffering from PTSD who had been denied service connected disability benefits. After the claim was denied, we appealed to the Sedgwick County District Court, which affirmed the denial. We appealed to the Kansas Court of Appeals, which in May 2013 reversed and sent the case back for further review. The Board sat on the case for over two and one half years, despite our requests for a decision. In December of 2015 we filed a separate federal lawsuit under 42 U.S.C. section 1983, arguing that the delay was a violation of our client’s Constitutional right to due process.
Approximately one month later, the Board again denied the disability claim. We appealed that decision to the District Court. On August 20, 2018 — 6 years and 9 months after being retained — the District Court reversed, finding our client entitled to service connected disability benefits. Few cases take this long, but persistence does pay off.