🎖️ VALOR

An Air Force Veteran’s Fight for Justice

Mark Hupcey, an Air Force veteran, faced years of frustration as he battled the VA for answers about his Agent Orange-related illnesses. After countless denials and dead ends, he finally found the help he needed. Mark’s story highlights the struggles veterans often endure long after their service ends.

Watch the video to see how Mark's fight took a turn for the better.

Attention: Have You or a Loved One Had Complications from a BARD Power Port?

If you or a family member received a BARD Power Port (often used for long-term IV treatments like chemotherapy) and suffered from device breakage, infection, blood clots, or migration of the device within the body, you may be entitled to compensation.

Don't wait—these complications can be serious. Our experts are here to help you fight for the justice you deserve.

Call us at (855) 494-1298 to learn more.

⚖️ EXPERTS

Recovering Lost Military Records for Your VA Disability Claim

Losing your military records can be a significant setback, but it doesn’t mean you’re out of options. Veterans facing this challenge still have several ways to recover necessary documents or provide alternative evidence to support their VA disability claim.

How to Retrieve Lost Military Records

Even if your service records have been misplaced, the VA and other organizations offer several avenues to help you retrieve or reconstruct them. Having these records is crucial for backing up your disability claim.

Contact the National Personnel Records Center (NPRC)

The National Personnel Records Center (NPRC) is a vital resource for locating lost military records. You can initiate a search by submitting Standard Form 180 (SF-180) or the NA Form 13055 for reconstructing medical data. Once completed, send these forms to:

National Personnel Records Center
1 Archives Dr.
St. Louis, MO 63138-1002

For more information on submitting your request, visit the National Archives website. The NPRC can be instrumental in recovering vital records, even in cases where the original documents have been destroyed, such as in the 1973 fire.

Reach Out to the VA for Assistance

The VA may already have access to some of your medical records that are not available elsewhere. Under their duty to assist, the VA is required to help you obtain relevant records that support your claim. Additionally, contacting your state’s Veterans Affairs office could uncover resources or copies of records that may be on file. It’s worth checking with them to see what assistance they can offer.

Alternative Evidence: Building Your Case Without Official Records

If your official records cannot be found, the VA allows the submission of alternative forms of evidence. These can be critical in building a strong case.

• Buddy Statements: Fellow service members can provide statements confirming your service and the conditions you experienced.

• Personal Letters and Photos: Correspondence and photos from your service period can act as supporting evidence.

• Medical Records: Documentation from during or immediately after your service can substantiate your claims.

For veterans whose records were destroyed, such as in the NPRC fire, the center offers a reconstruction service that attempts to recreate records using other available documentation.

Organizations Offering Support

Veterans organizations like the American Legion or Veterans of Foreign Wars (VFW) can be valuable allies in recovering lost records or providing alternative evidence. These organizations have extensive experience in dealing with such situations and can guide you through the process of rebuilding your case.

Example of a Claim Without Official VA Medical Records

Consider the case of a Navy veteran who claims lung cancer due to asbestos exposure on ships during the 1970s-80s. Even without official records, the claim could be successful if:

• The veteran served in the Navy during that period.

• Ships of that era were known to contain asbestos.

• The veteran provides a statement about their shipboard service.

• A family member corroborates the veteran's service on those ships.

• The veteran has no history of smoking.

• A doctor confirms no other risk factors for lung cancer.

• There’s no evidence of post-service asbestos exposure.

In such a scenario, even without official records, the VA should grant the benefit of the doubt to the veteran. The combination of the veteran’s naval service, the common use of asbestos on ships during that period, and supporting statements from family and medical professionals creates a credible claim in the absence of contradictory evidence.

Important: File Your Claim Anyway!

Even if you lack complete medical records, it’s crucial to file your VA disability claim. The VA has a duty to assist in obtaining relevant records and must consider all submitted evidence—not just official military records. Persistence in gathering alternative evidence can be key to a successful claim.

In VA disability claims, the absence of evidence is not considered negative evidence. When official records are missing, veterans can still make a successful claim if they provide alternative evidence and there’s no contradictory information.

The VA is required to give veterans the benefit of the doubt when there is:

• Credible Evidence: The veteran presents credible evidence, such as buddy statements or personal accounts of service events or health changes.

• No Contradictory Evidence: The VA has no evidence that contradicts the veteran’s claim.

Still want secrets on how to win your claim with missing information? Attorney Matthew Hill explains.

If anyone knows the answers on how to be successful with a claim that has a lack of evidence, it would be Attorney Matthew Hill. Listen to his answer for a veteran on our weekly Live Stream, about how to be successful even if you don’t have every piece of information. Click below!

🗺️ TACTICS

We’re back with another VA Disability Law trivia question this week! Give it a shot and we’ll talk about it in more detail in next weeks newsletter.

But first: the answer to last weeks question? What is the VA’s duty to assist? The correct answer was (B) The responsibility to help veterans gather evidence to support their claims. A whopping 50% of our respondents got this right, great job!

The VA’s Duty to Assist requires the VA to help veterans gather the necessary evidence for their disability claims, including obtaining service and medical records, to support their case. Read more information here.

Ready for this weeks question? We’re excited to see if you get it right!

🦅SUPPORT

One Veteran's Success in Winning a VA Disability Claim for Hypertension

Note: All identifying info is fictitious to protect the identity of our client.

Summary of Claim

In a recent VA claim, a veteran successfully secured service connection for hypertension, which developed as a secondary condition to their already service-connected diabetes. The veteran presented comprehensive medical records, a detailed examination report, and personal statements that effectively demonstrated the onset and progression of hypertension as related to their military service.

The Outcome

The veteran was granted service connection for hypertension, acknowledging the condition as secondary to their service-connected diabetes.

Why Was This Claim Successful?

The veteran supported the claim with compelling evidence, including:

• Service Records: The veteran’s service records were crucial in establishing a history of exposure to factors that likely contributed to the development of diabetes, which subsequently led to hypertension.

• Medical Examination: A thorough medical examination conducted by a VA physician confirmed the diagnosis of hypertension. The examination report provided a clear nexus statement linking hypertension to the veteran's service-connected diabetes.

• Lay Statements: Personal statements from the veteran and family members described the onset of hypertension symptoms after the veteran was diagnosed with diabetes, underscoring the connection between the two conditions.

Additional Insights

• Importance of a Strong Secondary Connection: The success of this claim was significantly aided by a detailed medical nexus that clearly linked hypertension to the veteran’s service-connected condition of diabetes.

• Comprehensive Medical Evidence: The veteran’s claim was strengthened by consistent and well-documented medical records that traced the progression of hypertension, providing a clear timeline of the condition’s development.

Tips from the Legal Team

Here’s a few thoughts from the team about this case.

Tip #1: Highlight Secondary Connections

When filing a claim for a secondary condition like hypertension, ensure that your medical records clearly demonstrate how the primary service-connected condition has led to the development of the secondary condition.

Tip #2: Secure a Detailed Nexus Opinion

A strong medical opinion that directly connects your secondary condition to your service-connected disability is essential. Ensure that the physician thoroughly reviews all relevant medical and service records to provide a robust explanation of the link.

Do you need help filing an appeal? Call us at (855) 494-1298.