🎖️ VALOR

How One Veteran Overcame a “Bad Conduct” Discharge to Win VA Benefits

After being denied VA benefits because of a bad conduct discharge, a veteran who served in Korea and Vietnam finally won his case, thanks to determined legal advocacy and a closer look at the unique circumstances surrounding his service.    

Hill & Ponton senior attorney Shannon Brewer shares how her team built the case in a recent video. The veteran had been struck by lightning, suffered a mental breakdown, and was confined to a psychiatric ward; events that led to him missing a flight and eventually receiving the bad conduct discharge. 

While the VA often denies benefits in these situations, Brewer argued that his age, mental health issues, and efforts to follow orders deserved a second look.  

She also discusses challenging the discharge using the VA’s more flexible definition of “insanity.” Ultimately, the veteran was granted the benefits he’d long been denied.  

Attorney Brewer’s message is clear: don’t give up. Even tough cases can succeed with the right legal support and a deep dive into your personal story. 

⚖️ EXPERTS

Understanding VA Disability Ratings for Diabetes (Mellitus & Insipidus)

Diabetes is a common service-connected condition among veterans, and the VA evaluates it under two distinct types: diabetes mellitus and diabetes insipidus. Both are rated based on severity and related complications, which determine the level of monthly compensation. 

VA Disability Ratings for Diabetes Mellitus (Code 7913) 

• 100%: Daily insulin, restricted diet, regulated activity, frequent hospitalizations or care, and major complications or weight loss. 

• 60%: Same treatment requirements, fewer hospitalizations, and less frequent care. 

• 40%: Daily insulin, restricted diet, and limited physical activity. 

• 20%: Insulin or oral meds with a restricted diet. 

• 10%: Manageable by diet alone. 

Note: Compensable complications are rated separately unless covered under a 100% evaluation. 

VA Disability Ratings for Diabetes Insipidus (Code 7909) 

• 30%: Initial 3-month rating after diagnosis. 

• 10%: Persistent excessive urination or need for hormonal therapy. 

Is Type II Diabetes a Presumptive Condition? 

Yes. Type II diabetes is considered a presumptive condition for veterans exposed to herbicides like Agent Orange. This includes service in: 

• Vietnam (Jan. 9, 1962 – May 7, 1975) 

• Korean DMZ (Sep. 1, 1967 – Aug. 31, 1971) 

• Thailand (January 6, 1962 – June 30, 1976) 

• Laos (December 1, 1965 – September 30, 1969) 

• Cambodia at Mimot or Krek, Kampong Cham Province (April 16, 1969 – July 31, 1980) 

• Johnson Atoll or a ship that called at Johnson Atoll (January 1, 1972 – September 30, 1977) 

Veterans meeting these criteria do not need to prove direct service connection; only a diagnosis and honorable discharge are required. 

How to Prove Your Diabetes VA Claim 

To establish a service connection and secure the appropriate rating: 

• Submit Medical Records: Include diagnosis, treatments (e.g., insulin), and hospital visits. 

• Establish Service Connection: Prove herbicide exposure or link diabetes directly to service. 

• Track Complications: Diabetic complications like neuropathy or kidney disease should be documented for secondary ratings. 

Case Example: Higher Ratings for Diabetes and Neuropathy 

A Vietnam veteran initially received a 10% rating for diabetes. After providing medical records showing disease progression and emergency visits, plus testimony from himself and his spouse, the Board increased his diabetes rating to 20%. His ratings for diabetic peripheral neuropathy in both legs were also increased to 20%, recognizing consistent pain, numbness, and tingling. 

Secondary Conditions That Can Raise Your VA Rating 

Many veterans suffer from secondary conditions caused by diabetes, which can significantly increase overall compensation: 

• Kidney Disease (Renal Dysfunction) 

• Diabetic Peripheral Neuropathy 

• Erectile Dysfunction (ED) 

• High Blood Pressure (Hypertension) 

• Skin Infections or Diabetic Dermopathy 

• Diabetic Retinopathy (Vision Loss) 

• Heart Disease or Stroke 

• Foot Ulcers or Amputations 

Each condition can be claimed and rated separately when properly documented. 

Need Help with a Diabetes VA Claim? 

Diabetes ratings are complex, especially when secondary conditions are involved. Veterans should: 

• Work with a doctor to document every related issue. 

• List all complications on initial claims or appeals. 

• Don’t settle for a base diabetes rating—push for the full benefits you’ve earned. 

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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

Don’t Stop at Diabetes: How Naming Secondary Conditions Can Boost Your VA Disability Rating

In a helpful video blog, Hill & Ponton CEO Matthew Hill and principal attorney Carol Ponton explain how veterans with service-connected diabetes can maximize their VA disability benefits. While diabetes alone often earns a 20% rating, especially when insulin-dependent, many veterans face more serious complications like neuropathy, kidney disease, or vision issues. These secondary conditions can raise the rating significantly, even up to 100%. 

Attorneys Hill and Ponton stress the importance of naming and documenting these conditions in your claim or appeal. 

Simply asking for a higher diabetes rating won’t cut it. Veterans need to work with their doctors to identify and link each complication to their diabetes in the medical record. With the right strategy and documentation, veterans can avoid common pitfalls and get the full benefits they deserve.

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!