Fighting the System: Loss-of-Use, GERD Claims, and the Power of Legal Advocacy

From a Marine’s hard-won battle for loss-of-use benefits to the legal strategies behind GERD and TDIU claims, this week’s stories show how grit, timing, and the right support can make all the difference.

The V.E.T.S. Advantage


Edition: Wednesday, July 23, 2025
An educational email by Hill & Ponton.

Thanks for reading & enjoy!

What do V.E.T.S. want to know?

Inside, you can find…

  • 🎖️ VALOR - Real stories about real veterans fighting for VA disability benefits.

  • ⚖️ EXPERTS - VA insider knowledge from members of our staff.

  • 🗺️ TACTICS - Tips and tricks to navigate your VA disability claim effectively.

  • 🦅SUPPORT - Additional resources to help you stay on the right path towards the benefits you deserve.

This week’s newsletter is all about sticking with it, doing things by the book, and not being afraid to ask for help when the system throws up roadblocks. We’ve got some stories that show what can happen when veterans push back, keep their paperwork tight, and have the right folks in their corner. 

We start with Manny Gonzales, a Marine who ran straight into a wildfire to save a fellow service member during training and paid a heavy price for his selflessness. He lost the use of all four limbs, but the VA still denied his claim. It took nearly three years of fighting and a rock-solid legal team, but he finally got the rating he earned. According to Manny, getting legal help wasn’t just about money, it was about being seen. 

Then we’ve got a practical breakdown of how the VA handles GERD. If you’ve dealt with chronic acid reflux, you know it’s no small thing. We cover how it’s rated, when it qualifies as a secondary condition, and what to do if the VA lowballed or flat-out denied your claim. There’s even a case showing how GERD helped support a TDIU win. 

And we round things out with an interview from one of Hill & Ponton’s senior attorneys, Shannon Brewer. She’s got over 25 years in law (15 of those focused on VA claims) and she doesn’t sugarcoat it: the VA system is tough. But if you stay organized, meet your deadlines, and get support early, you’ve got a real shot at a better outcome. 

The wheels might turn slow, but with the right game plan and a good crew backing you up, you’ve got every reason to keep pushing. Now, let's dive into this week's insights. 

🎖️ VALOR

From Fire to Freedom: How One Marine Veteran Fought for the Benefits He Earned 

Manny Gonzales joined the Marine Corps in 1994, inspired by a family legacy of service and his experience in junior ROTC. Stationed at Camp Pendleton as a nuclear, biological, and chemical warfare specialist, his career took a tragic turn during a 1996 training exercise when a CS gas grenade sparked a wildfire. Manny ran into the flames to rescue a fellow Marine, suffering burns over 80% of his body. 

He spent over a month in a medically induced coma and lives with lasting damage, including loss of hand function and poor leg circulation. These injuries made full-time work nearly impossible, yet the VA denied his claim for loss of use of his extremities, citing narrow criteria. For almost three years, Manny and his legal team fought a complex appeals process to secure his needed benefits. 

Eventually, he was awarded complete loss of use of all four extremities, finally bringing him financial stability and recognition for his sacrifice. He credits his attorneys with changing the outcome. He urges other veterans to get legal support early, calling it an investment in sanity, peace of mind, and quality of life. 

“This wasn’t just about money. It was about being seen,” Manny says. “Having someone fight for me made all the difference.”

Take the First Step Toward Your VA Benefits—For FREE!

Navigating the VA disability claims process can be tough, but you don’t have to do it alone. Our expert-written guide, The Road to VA Compensation Benefits, breaks it down with clear steps and actionable advice to help you succeed.

Request your FREE copy today (a $17.99 value) and we’ll mail it straight to your door.

⚖️ EXPERTS

VA Disability for GERD: What Veterans Need to Know

Gastroesophageal reflux disease (GERD) is a chronic digestive condition that many veterans face after service. It involves frequent acid reflux that can cause severe symptoms such as heartburn, regurgitation, and difficulty swallowing. 

While GERD is not considered a presumptive condition, it may still qualify for VA disability compensation if linked to service or a service-connected condition. 

VA Disability Ratings for GERD (Diagnostic Code 7206) 

GERD is rated based on the presence and severity of esophageal strictures, dysphagia (difficulty swallowing), and weight loss: 

  • 80%: Severe esophageal strictures with complications like aspiration, undernutrition, or substantial weight loss, requiring surgery or a feeding tube 

  • 50%: Recurrent strictures requiring frequent dilatation or esophageal stent 

  • 30%: Recurrent strictures requiring occasional dilatation 

  • 10%: Strictures managed with daily medication, otherwise asymptomatic 

  • 0%: Documented history with no regular symptoms or treatment needed 

Supporting tests include barium swallow, CT scans, or endoscopy. 

Is GERD a Presumptive Condition? 

GERD is not a presumptive condition under VA regulations. However, under the PACT Act, Gulf War veterans exposed to toxic hazards like burn pits may still develop GERD on a direct or secondary basis. A service connection may be possible with the proper medical evidence linking GERD to service or an existing service-connected condition. 

GERD as a Secondary Condition 

Veterans may be eligible if GERD is linked to: 

  • PTSD: From stress or medications used to manage symptoms 

  • Anxiety: Can increase stomach acid and delay gastric emptying 

  • Hiatal Hernia: Weakens the esophageal valve, causing reflux 

  • Migraines: Some medications may aggravate GERD 

What You Need to File a Claim 

To establish a service connection for GERD, you’ll need: 

  1. A current diagnosis 

  2. Evidence of an in-service event or exposure 

  3. A medical nexus linking your GERD to service or another service-connected condition 

What to Do If Your GERD Claim Was Denied 

If your GERD claim was denied, you still have options: 

  • Higher-Level Review: For clear errors without new evidence 

  • Supplemental Claim: Submit new, relevant evidence 

  • Board Appeal: Request a formal review within one year of the denial 

Can You Get 100% for GERD? 

GERD alone rarely qualifies for a 100% rating. Still, you may be eligible for Total Disability based on Individual Unemployability (TDIU) if GERD and other service-connected conditions prevent you from working. 

Example: GERD in a TDIU Case 

In one case, a veteran with multiple service-connected conditions, including GERD, was granted TDIU because the combined impact of all conditions made it impossible to maintain gainful employment.  

While GERD wasn’t the main factor, it helped support the claim.

Need Help with Your GERD Claim? 

GERD can severely impact your quality of life. If your claim was denied or you believe your rating is too low, we can help. Contact Hill & Ponton for a free case evaluation to explore your options. 

Think your VA disability rating doesn’t fully reflect your condition? Don’t go it alone. Our dedicated team exclusively helps veterans with VA disability cases and is ready to advocate for your rightful benefits.

Call us at (855) 494-1298 to speak with our team now, or send a request for a free case evaluation today and we’ll reach out within 30 minutes during business hours to get started.

🦅SUPPORT

Attention: Join us today at 1400 hours EST for a new Livestream with our legal team!

Join us to get your questions about VA disability law and the claims process answered by our legal team. Comments open 30 minutes prior to the Livestream starting, so get there early to get your question in. We try to answer as many as we can!

Were You Exposed to “Forever Chemicals” in Your Water Supply?

PFAS, also known as “forever chemicals,” are synthetic substances widely used in firefighting foams, water-resistant products, and industrial applications. These chemicals have been found in dangerously high concentrations in some water supplies, including on or near military bases. Learn if your military base was impacted using our Toxic Exposure Map.

Exposure to PFAS has been linked to severe health conditions, such as:

  • Testicular Cancer

  • Kidney Cancer

  • Ulcerative Colitis

  • Liver Cancer

If you or a loved one lived or worked in areas with PFAS contamination and have been diagnosed with any of these conditions, you may qualify for compensation.

Act now. Contact us today at (855) 494-1298 to learn more about your options or to begin your claim. You’ve served your country; let us serve you.

🗺️ TACTICS

Fighting for What’s Fair: A Seasoned Attorney’ Journey into VA Benefits Law 

In this candid interview, Hill & Ponton Senior Attorney Shannon Brewer, a seasoned attorney with 25 years of experience, shares how she transitioned from land use and environmental law to VA benefits advocacy. Motivated by her military family background and a desire to work directly with individuals, she found deeper fulfillment representing veterans seeking the benefits they’ve earned. 

With over 15 years of experience in VA benefits law, Attorney Brewer emphasizes that persistence and meeting deadlines are essential for navigating the VA system. Initial denials are common, she notes, but appeals, filed on time and with the right support, can make all the difference. 

Attorney Brewer's military roots, including her father’s service as a Vietnam-era Air Force Master Sergeant, give her a unique connection to the veterans she serves. Her background helps her build trust and tailor her legal approach to each client's needs. 

Her message to veterans is grounded in years of firsthand experience: Stay persistent, keep your paperwork in order, and don’t hesitate to call in legal support when the system feels stacked against you. With the right help and a clear strategy, winning a VA claim isn’t just possible. It’s a fight worth taking on.

Need Help with an Appeal? Hill & Ponton is Here for You

At Hill & Ponton, we specialize in helping veterans navigate the VA appeals process to secure the benefits they rightfully deserve. Whether you're facing a denied claim, an appeal for a higher rating, or need assistance gathering critical evidence, our team is ready to advocate for you.

Use our VA Disability Calculator to see if your current rating aligns with your level of disability and explore potential increases based on any secondary conditions you may have. Calculate Your VA Disability Rating Now!

Feeling overwhelmed by the VA?

We invite you to take our new FREE course, Master the VA Disability Claims Process, that offers advice, tips and tricks from our team.

This course covers every single step of the VA disability claim process and answers the questions veterans ask most. Best of all—it’s FREE!

Please note, you will need to make a free account for the course but it will allow you to take additional courses we are planning to offer, too!

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