🎖️ VALOR

Not the Life We Wanted - Inclusion Body Myositis: A Documentary

This documentary sheds light on the challenges veterans with inclusion body myositis (IBM) face, sharing their personal stories of resilience in the fight against this progressive muscle-weakening disease. Through their voices, it aims to raise awareness and deepen public understanding of IBM’s impact. More importantly, it highlights the urgent need for IBM to be recognized as a service-connected condition—ensuring that those affected receive the support and benefits they rightfully deserve.

⚖️ EXPERTS

ALS vs. IBM: Understanding the Differences and What They Mean for VA Claims

When it comes to progressive muscle diseases affecting veterans, Amyotrophic Lateral Sclerosis (ALS) and Inclusion Body Myositis (IBM) are two conditions that often come up. While both cause muscle weakness and degeneration, they are fundamentally different in their causes, progression, and—most importantly—the way the VA recognizes them for disability benefits.

This week, we’re breaking down the key differences between ALS and IBM, how they affect veterans, and what that means for those seeking VA benefits.

What’s the Difference Between ALS and IBM?

Both ALS and IBM cause muscle weakness and can significantly impact mobility, but they differ in how they develop and progress.

ALS

• A rapidly progressing neurological disease that affects nerve cells controlling voluntary muscles.

• Leads to total loss of muscle control, including the ability to speak, swallow, and breathe.

• Typically fatal within 3 to 5 years of diagnosis.

• Presumed to be service-connected by the VA—meaning veterans diagnosed with ALS automatically qualify for VA disability benefits at any time after discharge from service.

IBM

• A slow-progressing inflammatory muscle disease that weakens muscles over time.

• Affects grip strength, legs, and swallowing, making daily tasks harder but not affecting the brain or internal organs.

Not automatically service-connected, requiring veterans to prove military exposure contributed to their condition.

Why Does the VA Treat ALS and IBM Differently?

One of the biggest differences between these two diseases for veterans is how the VA recognizes them in disability claims.

• ALS is presumed service-connected for all veterans with at least 90 days of active duty. This means that if a veteran is diagnosed with ALS at any time after discharge, the VA assumes military service played a role, and benefits are granted automatically.

• IBM, on the other hand, is not presumptively service-connected. Veterans with IBM must provide medical evidence linking their condition to military service, such as exposure to environmental toxins or infections.

How VA Disability Ratings Differ for ALS and IBM

The VA rates both ALS and IBM under the Musculoskeletal System, but ALS has a 100% automatic rating upon diagnosis, while IBM’s rating depends on severity.

• ALS: Always rated at 100% disability due to its rapidly progressive nature.

• IBM: Rated based on severity, with a maximum rating of 100% for veterans experiencing extreme muscle weakness, difficulty swallowing, respiratory impairment, or loss of mobility.

What This Means for Veterans Seeking VA Benefits

For veterans with ALS, the process is more straightforward. Since the VA presumes service connection, claims are processed faster, and benefits—including Special Monthly Compensation (SMC) for those needing caregiving support—are typically approved without extensive medical evidence.

For veterans with IBM, the process is more complex. Since the VA does not presume service connection, veterans need to:

✔️ Provide detailed medical records documenting their diagnosis and symptoms.

✔️ Demonstrate a service-related cause, such as exposure to toxins, infections, or environmental hazards.

✔️ Work with medical experts to establish a nexus statement linking IBM to military service.

IBM, VA Benefits, and the PACT Act

The PACT Act (2022) expanded VA benefits for veterans exposed to toxic substances. This is critical for IBM cases, as some researchers believe exposure to chemicals, burn pits, and other environmental hazards may trigger IBM. If a veteran with IBM was stationed in an area with known toxic exposure, they may have a stronger case for service connection.

VA Benefits for Veterans with ALS

Because of its aggressive nature and strong link to military service, ALS is automatically presumed service-connected for veterans who served at least 90 days on active duty. This means veterans diagnosed with ALS do not have to prove that their condition was caused by their service.

• 100% VA Disability Rating: Veterans with ALS automatically receive a 100% disability rating upon diagnosis.

• Special Monthly Compensation (SMC): Due to the progressive nature of ALS, veterans often qualify for higher levels of compensation, including SMC for those needing caregiver assistance.

• Aid and Attendance (A&A): Veterans with ALS who require daily personal care can receive additional financial support for in-home assistance or assisted living.

• Adaptive Housing & Vehicle Grants: The VA provides funding for home modifications (ramps, widened doorways, accessible bathrooms) and adapted vehicles to accommodate mobility challenges.

• Expedited Claims Processing: Given ALS’s rapid progression, the VA fast-tracks claims for veterans diagnosed with the condition.

VA Benefits for Veterans with IBM

Unlike ALS, IBM is not automatically presumed service-connected, meaning veterans must provide medical evidence linking their condition to their military service. This can make the claims process more difficult, but it is not impossible—especially for veterans with known toxic exposure during service.

IBM is rated under the Musculoskeletal System based on the severity of symptoms. Veterans may receive up to 100% disability if they experience:

• Severe muscle weakness and atrophy

• Difficulty swallowing (dysphagia)

• Respiratory impairment

• Loss of mobility requiring assistive devices

Additionally, veterans with IBM should be aware of other important factors that can impact their condition, treatment options, and eligibility for benefits.

1. Toxic Exposure Consideration: The PACT Act (2022) expands benefits for veterans exposed to burn pits, pesticides, and other hazardous chemicals. Veterans with IBM who served in high-risk areas may have a stronger case for service connection.

2. Special Monthly Compensation (SMC): While IBM does not always qualify for SMC automatically, veterans with severe limitations (such as needing a wheelchair or caregiver support) may be eligible.

3. Independent Living & Vocational Rehab: Veterans with IBM who cannot work but still want to maintain independence may qualify for VA Independent Living Services or vocational rehabilitation support.

4. TDIU: Veterans who do not meet the 100% rating level may also meet eligibility requirements for TDIU based on their overall ratings for IBM.

How to Move Forward with your VA Claim

If you’re a veteran diagnosed with IBM or ALS and are struggling to get VA benefits, you don’t have to navigate this process alone. At Hill & Ponton, we specialize in helping veterans fight for the benefits they deserve.

• If your claim has been denied, we can help gather the evidence needed to appeal.

• If you need a higher rating, we can guide you through the process of securing a fair disability evaluation.

• If you’re unsure where to start, we’re here to help you build a strong case from the beginning.

Veterans diagnosed with ALS or IBM should not have to fight this battle alone. If you're facing difficulties with your claim or need to file an appeal, Hill & Ponton is here to help.

If you’re facing challenges with your claim and need assistance, reach out for a free case evaluation.

🦅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

VA Denial? Here’s Your Next Move

When a veteran receives a denial for VA disability benefits, they have several appeal options to challenge the decision. The process includes Higher-Level Reviews, Supplemental Appeals, and appeals to the Board of Veterans’ Appeals (BVA)—each with distinct requirements, forms, and wait times. Understanding these options is crucial to making an informed decision and maximizing the chances of a successful appeal.

Appeal Options and Key Considerations

Higher-Level Review

• Veterans can request a re-evaluation of their claim without submitting new evidence.

• A more senior VA claims adjudicator will review the initial decision for potential errors.

• This option is best for veterans who believe the VA made a clear mistake based on the evidence already in their file.

• Requires VA form 0996 to file the appeal properly.

Supplemental Appeal

• Allows veterans to submit new and relevant evidence that was not included in the original claim.

• Requires VA Form 0995 to file the appeal properly.

• This is ideal for cases where additional medical records, service records, or expert opinions can strengthen the claim.

BVA

• Veterans can appeal directly to the BVA, choosing from three different lanes:

  1. Direct Review: No new evidence or hearing—fastest option.

  2. Evidence Submission: Veterans submit new evidence but do not request a hearing.

  3. Hearing Lane: Veterans present their case before a Veterans Law Judge. This requires a VA form 10182 with the appropriate lane checked to file the appeal properly.

• Hearing Lane Consideration: Engaging with a judge does not guarantee the same judge will decide the case.

Wait Times and Expedited Requests

• Wait times are lengthy, often exceeding one year for a decision.

• Expedited processing is available in limited circumstances, such as if the veteran is over the age of 75.

• Appeals must be filed within one year of the VA’s rating decision to preserve the right to challenge the denial.

Why These Decisions Matter

• Understanding Appeal Types: Veterans should choose the appeal option that best fits their situation, balancing the need for new evidence with the potential for faster processing.

• New Evidence Matters: If additional documentation can strengthen a claim, a Supplemental Appeal is the best option. Without new evidence, a Higher-Level Review or Direct BVA Review may lead to a faster decision.

• Be Proactive: Given long wait times, veterans should track their appeal status and ensure all required documents are submitted correctly to avoid further delays.

• Hearing Considerations: A hearing with a judge does not guarantee a better outcome. Submitting strong evidence upfront often leads to a quicker and more favorable resolution.

• Expedited Appeals: Veterans facing urgent circumstances should review the VA’s criteria for faster processing to determine eligibility.

• One-Year Deadline: Veterans must file an appeal within one year of the VA’s decision to preserve their right to challenge it.

• Navigating a Complex Process: With multiple appeal options and procedural requirements, seeking legal guidance can be essential for a successful outcome.

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!