Widow of Army Veteran Wins Eligibility for Her Husband’s Service Benefits

Winston lawyers won a major victory before the Board of Veterans’ Appeals, which will provide the widow of a deceased Army veteran with nearly $50,000 in retroactive benefits.

The service member served on active duty in the U.S. Army at Fort Jackson in South Carolina. While in service, he had several asthma attacks, a childhood condition he thought he had outgrown. He underwent a Medical Board review and was discharged honorably for health reasons. 

After his discharge, his asthma worsened, and he developed other related respiratory problems. He filed a claim with the Department of Veterans Affairs for disability compensation, asserting that his asthma was aggravated during his service by training exercises. His claim was denied in 2014, and he appealed to the Board of Veterans’ Appeals (Board). 

He passed away before his appeal was heard, but his wife continued his claim, which was denied by the Board several times and required her to appeal twice to the United States Court of Appeals for Veterans Claims Court. In September of 2024, Winston stepped in to support her by drafting and filing her appellate brief to the Board and more than a decade after her husband filed his initial claim for service benefits, the Winston team prevailed on her behalf.

The team that secured this victory was led by Larry Sher and included Zoë Mulraine and Anna Sonju.

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