🎖️ VALOR

Ira Hayes: The Quiet Hero of Iwo Jima 

Ira Hamilton Hayes was born on Jan. 12, 1923, in Sacaton, AZ, on the Gila River Indian Reservation, home to the Pima people for thousands of years. The eldest of six children, he grew up in a devout Presbyterian household. His father, a World War I veteran, supported the family through farming and cotton picking. Despite the hardships his people faced and the fact that Native Americans in Arizona couldn’t vote until 1948, the Hayes family kept an American flag proudly displayed on their wall.

Quiet and soft-spoken, Hayes was an avid reader with a sharp mind. After graduating from the Phoenix Indian School, he joined the Civilian Conservation Corps and later worked as a carpenter. Following the attack on Pearl Harbor, he enlisted in the Marine Corps at nineteen, earning his silver parachutist wings and becoming the first Pima paratrooper in history.

He served in the Pacific on Vella Lavella and Bougainville before joining the 5th Marine Division for the invasion of Iwo Jima. On Feb. 23, 1945, Hayes was among six Marines who raised the second American flag atop Mount Suribachi, an image captured by photographer Joe Rosenthal that became one of the most iconic photos in US history.

The surviving flag raisers, including Hayes, were sent home to promote war bonds, suddenly rose to national fame. Though honored by crowds and politicians, Hayes struggled with survivor’s guilt, knowing that three of the men in the photo had died in battle. He rarely spoke of the flag-raising, believing he didn’t deserve to be singled out when so many others had given everything.

After the war, Hayes drifted between labor jobs and battled alcoholism and what would now be recognized as PTSD. In 1946, he famously walked more than 1,300 miles to Texas to personally tell a fallen Marine’s family their son had been one of the flag raisers, correcting a mistaken identity.

Sadly, on Jan. 24, 1955, Hayes was found dead near his home on the reservation. The coroner ruled the cause as exposure and alcohol poisoning. He was only 32 years old. Just weeks earlier, he had attended the dedication of the Marine Corps War Memorial in Arlington, Virginia, where his likeness was immortalized in bronze.  

Ira Hayes’s legacy endures through monuments, schools, and songs that bear his name and chronicle his heroic actions. His story was told in the 1961 film The Outsider and in Peter La Farge’s “The Ballad of Ira Hayes,” later recorded by Johnny Cash.

Honor veterans like Ira Hayes and watch more stories on our YouTube channel.

⚖️ EXPERTS

Sleep Apnea Guide to VA Ratings and Getting Maximum Disability Benefits 

Veterans diagnosed with sleep apnea, a disorder where breathing repeatedly stops and starts during sleep, may qualify for disability compensation if the condition is linked to their military service. The VA rates both obstructive sleep apnea (OSA) and central sleep apnea (CSA) under Diagnostic Code 6847, with ratings from 0% to 100% based on severity and the treatments required. 

VA Disability Ratings for Sleep Apnea 

• 100% Disability Rating: Given when the veteran experiences chronic respiratory failure with carbon dioxide retention, cor pulmonale (right-sided heart failure), or requires a tracheostomy. 

• 50% Disability Rating: Assigned when the veteran requires a breathing assistance device such as a CPAP machine. This is one of the most common ratings among veterans with sleep apnea. 

• 30% Disability Rating: Applied when the veteran has persistent daytime hypersomnolence, or excessive daytime sleepiness, supported by medical documentation or lay testimony. 

• 0% Disability Rating: Used when sleep-disordered breathing is documented but the veteran is asymptomatic. Although noncompensable, it can still establish service connection for related conditions. 

Qualifying for Service Connection 

To receive VA disability benefits for sleep apnea, veterans must show a clear link between their military service and the condition. This can be achieved through: 

• Direct Service Connection: The condition began during or was caused by active duty. Veterans should provide service treatment records, medical documentation, or lay statements showing symptoms or treatment during service. 

• Secondary Service Connection: Sleep apnea was caused or aggravated by another service-connected condition such as PTSD, TBI, or GERD. A medical nexus letter connecting the two conditions is often required. 

Sleep Apnea and Toxic Exposure 

Although sleep apnea is not a presumptive condition under the PACT Act, veterans exposed to burn pits, jet fuel, or other airborne toxins may still win service connection by proving the exposure caused or aggravated their condition. Evidence can include deployment records, a sleep study diagnosis, and a medical nexus opinion linking sleep apnea to toxic exposure. 

Case Example 

A Gulf War veteran successfully established service connection for sleep apnea by providing: 

• A sleep study diagnosing severe sleep apnea 

• A statement from a witness describing symptoms during sleep 

• A medical opinion linking the condition to environmental exposures during service 

• Supporting scientific literature and personal testimony 

How to File a VA Claim for Sleep Apnea 

1. File VA Form 21-526EZ and list sleep apnea as the claimed condition. Indicate if it is secondary to another service-connected disability. 

2. Provide a formal diagnosis from a sleep study, either through the VA or a private provider. 

3. Submit a medical nexus letter linking the condition to service or another service-connected disability. 

4. Include supporting evidence such as buddy statements or medical records showing symptoms began or worsened during service. 

5. Attend the Compensation and Pension (C&P) exam and describe in detail how sleep apnea affects daily life. 

Linked and Secondary Conditions 

Sleep apnea often occurs alongside or is worsened by other service-connected conditions such as PTSD, hypertension, TBI, GERD, asthma, depression, chronic pain, and obesity. Documenting these comorbidities can help strengthen a claim and increase the overall disability rating. 

Improving Your VA Rating 

To pursue a higher rating or appeal a denied claim, veterans should: 

• Gather detailed medical and treatment records 

• Keep a personal log of symptoms and treatment compliance 

• Obtain professional medical opinions connecting service or other conditions to sleep apnea 

Sleep apnea is one of the most common yet misunderstood disabilities among veterans. Whether caused by trauma, toxic exposure, or mental health conditions, clear medical evidence and strong documentation can make all the difference in securing the benefits deserved.

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

🦅SUPPORT

Attention: Join us every Tuesday 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 1 hour 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 Asbestos During Military Service?

Many U.S. veterans were exposed to asbestos during their time in service, often without knowing the risks. Years later, this exposure has led to mesothelioma and other asbestos-related lung cancers for countless veterans.

If you served in the military and have been diagnosed, you may qualify for compensation. Our firm proudly helps veterans and their families pursue the benefits and justice they deserve.

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

Are You Missing Sleep Apnea Benefits? Advice from a Lawyer 

In this video, Hill & Ponton attorney Rachel Cheek explains how veterans can qualify for VA disability benefits for sleep apnea and what evidence is most effective in building a strong claim.

Attorney Cheek begins by defining sleep apnea as a condition that causes repeated pauses in breathing during sleep, often recognized by loud snoring or disrupted rest. She explains that the three types are OSA (the most common), CSA (caused by the brain failing to send breathing signals), and mixed sleep apnea, which combines both.

Most veterans seeking VA benefits, she notes, are diagnosed with OSA. 

She discusses how VA examiners frequently attribute sleep apnea to weight gain, but says that explanation is too simple. Many veterans develop sleep apnea due to service-related issues such as chronic pain, medication side effects, spinal or neck injuries, or mental health conditions like PTSD, depression, or anxiety.  

Attorney Cheek highlights that PTSD can worsen sleep apnea by disrupting rest through nightmares, poor sleep quality, and hypervigilance.  

Attorney Cheek outlines two ways to establish service connection. Direct service connection applies when symptoms began in service and continued afterward, supported by medical records or buddy statements. Secondary service connection applies when another disability, such as PTSD, TBI, or chronic pain, contributes to the condition. She adds that limited mobility from orthopedic injuries can also lead to weight gain that aggravates apnea.

She explains that veterans prescribed a CPAP or BiPAP machine are typically rated at 50%, even if the machine is unavailable, as long as the prescription exists in the record. A 30% rating applies when daytime fatigue is documented, while a 0% rating applies if the condition is asymptomatic. The rare 100% rating is reserved for cases involving chronic respiratory failure.

Attorney Cheek encourages veterans to pursue claims if they experience snoring, fatigue, or breathing interruptions during sleep. She reminds viewers that sleep apnea can worsen over time and that existing respiratory conditions may be combined into one rating. Her advice stresses documenting symptoms and gathering strong medical evidence to support a VA claim. 

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!