The Marine Who Changed Veterans Law, PTSD Secondary Claims, and Sleep Apnea Rating Changes

This week, we explore how expertise and persistence drive VA claim success: from a Marine veteran's journey from combat to reshaping veterans' policy, to maximizing PTSD secondary condition claims, to navigating upcoming sleep apnea rating changes that could impact your benefits.

The V.E.T.S. Advantage


Edition: Wednesday, August 13, 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 edition of V.E.T.S. Advantage is all about understanding the full scope of your service-connected disability and the expertise that can help you navigate a constantly evolving system. 

We begin with an inspiring conversation featuring accredited claims agent Kerry Baker, whose remarkable journey from Marin Corps helicopter crew chief to nationally recognized veterans’ advocate shows how frontline experience can drive meaningful policy change. From his early work raising awareness about burn pits to his rare achievement as a non-attorney practitioner before the Court of Appeals for Veterans Claims, his story demonstrates how one veteran’s persistence can reshape the system for thousands of others.  

Next, we’ll dive deep into PTSD secondary conditions. These often-overlooked disabilities can significantly impact your daily life and deserve proper compensation. From hypertension to sleep apnea to migraines and GERD, we break down exactly how the VA rates these conditions and what you need to know to build a strong claim that captures the full extent of how PTSD affects your life.  

Finally, we’ll explore the changing landscape of sleep apnea claims with Hill & Ponton senior attorney Shannon Brewer, who explains what upcoming VA rating changes could mean for veterans why getting the right documentation and advocacy is more crucial than ever. With potential rating reductions on the horizon, understanding how to properly document your condition and its impact becomes essential to protecting the benefits you’ve earned.  

Each story reinforces a crucial truth: the VA system is complex and constantly evolving, but with the right knowledge, documentation, and expert guidance, veterans can secure the full benefits they deserve. Let's explore how to make that happen.

🎖️ VALOR

From Combat to Policy Change: One Veteran’s Journey Through the VA System

In this discussion, accredited claims agent Kerry Baker reflects on his path from combat and medevac service to national influence in veterans’ law and policy.  

Born in a small Kentucky town and shaped by his mother’s lifelong struggle with disability and the shortcomings of the social support system, Kerry Baker was motivated from a young age to serve and make a difference. He spent 11 years in the Marine Corps as a CH-46 helicopter crew chief, deployed to the Gulf War, Panama, and Somalia. After being diagnosed with a spinal cord disease that ended his flight career, Baker found a new purpose while seeking help for his claim through the DAV. 

That experience led him to join DAV as a national service officer. Later, he became a supervisor and a legal practitioner before the Court of Appeals for Veterans Claims, a rare and notable achievement for a non-attorney. His military service, combined with personal and professional experience, instilled a deep sense of responsibility in his work advocating for veterans' rights at the grassroots level and within national policy.  

Baker’s rare experience practicing before the Court of Appeals for Veterans Claims as a non-attorney underscores the complexity of veterans’ law and his exceptional grasp of the system. He shares how reforms like the VCAA, though well-intentioned, created unnecessary delays. His solution (adopting form-based notifications and electronic delivery) demonstrates how real change often comes from practical insight.  

He also recounts his early efforts to raise awareness about burn pits, long before they were widely acknowledged. His groundwork helped to pave the way for later legislative wins like the PACT Act, showing how systemic reform often starts with frontline observation.  

Throughout the detailed and comprehensive discussion, Baker offers grounded, compassionate advice: veterans should stay informed, recognize the limits of self-representation, and seek out trustworthy advocacy.   

His story is a powerful example of how one veteran’s persistence can reshape the system for thousands of others. 

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

PTSD Secondary Conditions and VA Disability: What Veterans Need to Know 

For many veterans, Post-Traumatic Stress Disorder (PTSD) is more than a diagnosis: it’s a condition that can impact nearly every part of life. Beyond the emotional and psychological effects, PTSD often leads to secondary conditions that can, and should, be claimed through the VA for additional disability compensation. 

How the VA Rates Secondary Conditions to PTSD 

The VA assigns disability ratings to secondary conditions based on how much they impair a veteran’s daily life. Each condition has its own diagnostic code and rating criteria. Conditions commonly secondary to PTSD include: 

  • Hypertension: Worsened by chronic stress. Rated 10% to 60% depending on blood pressure readings. 

  • Sleep Apnea: Often triggered by anxiety and sleep disruption. May involve obstructive, central, or complex apnea types. 

  • Migraines: Brought on by stress and trauma. Rated under Diagnostic Code 8100 based on frequency and severity. 

  • GERD: Linked to stress-related acid production. Requires medical evidence connecting it to PTSD. 

Pyramiding and Mental Health Ratings 

When PTSD overlaps with other mental health conditions (like depression or anxiety), the VA avoids duplicate ratings for shared symptoms. Instead, a single rating is given based on total impact, per the VA’s pyramiding rule. 

How to Build a Strong Secondary Service Connection Claim 

To receive benefits for a PTSD-related secondary condition, veterans must establish: 

  • A diagnosis of the secondary condition by a medical professional 

  • A service-connected PTSD rating 

  • A medical nexus linking the secondary condition to PTSD (such as a doctor’s opinion or relevant medical literature) 

TDIU and PTSD-Related Secondary Conditions 

Secondary conditions can help veterans meet the criteria for Total Disability based on Individual Unemployability (TDIU) if they interfere with work. Veterans may qualify if they have: 

  • One condition rated at 60% or higher 

  • Or multiple conditions with one rated at 40% or higher and a combined rating of at least 70% 

What If Your Claim Is Denied? 

If your secondary condition claim is denied, you can appeal. Consider gathering additional medical evidence, independent medical opinions, or reaching out to a Veterans Service Organization (VSO) or accredited VA disability law firm. 

Need Help with a PTSD-Related Claim? 

If your secondary conditions are being overlooked or underrated, Hill & Ponton may be able to help. Get a free case evaluation today.

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 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 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

Navigating Sleep Apnea Claims: What VA Rating Changes Could Mean for You

In this discussion, Hill & Ponton video producer Nate Flemming sits down with senior attorney Shannon Brewer to explore veterans' growing challenges when filing VA claims for sleep apnea.  

They begin by breaking down what sleep apnea is, a serious medical condition where breathing stops during sleep, often without the veteran even realizing it. Symptoms like loud snoring, gasping for air, and extreme daytime fatigue are commonly observed by spouses or fellow service members, making buddy statements a crucial part of any claim. 

Attorney Brewer explains that sleep apnea can be directly connected to service if symptoms began during active duty or filed as a secondary condition tied to issues like PTSD or weight gain from other service-connected disabilities.  

Veterans can receive a 50% VA rating if prescribed a CPAP or BiPAP machine. Still, upcoming changes to the VA’s rating criteria may reduce that rating, potentially lowering compensation for veterans whose symptoms are medically managed. 

The conversation emphasizes the importance of formal sleep study diagnoses and well-documented claims, especially as the VA moves toward more restrictive rating standards. Nate and Shannon encourage veterans to stay proactive: gather medical records, talk to providers, and take full advantage of tools like the VA rating calculator. 

Sleep apnea is more than just snoring. It’s a serious condition that affects quality of life and long-term health. With strong evidence and support, veterans can still win the benefits they’ve earned, even as the rules change. In fact, getting the right advocacy is one of the most effective ways to navigate the constantly evolving landscape of disability law. 

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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