🎖️ VALOR

How a Vietnam Veteran Won His Battle with the VA

Meet Veteran Frank Chappell, who came back from his tour in Vietnam and was diagnosed with Post Traumatic Stress Disorder (PTSD). He spent nearly a decade fighting the VA for benefits, almost gave up, but decided because he was “a little hard-headed” that he was going to get some help.

Watch another episode of our Veteran’s Stories series on YouTube and hear how Frank finally conquered his stressful battle with the VA.

Attention: Were You or a Loved One Deployed to Iraq or Afghanistan between 2003-2017?

If you or your family member suffered injuries such as loss of limb, loss of eyesight, required surgeries due to blast impacts, or experienced severe traumatic brain injuries due to sniper, rocket mortar, EFP, or IED attacks, you might be entitled to compensation.

Don't suffer in silence. Our experts are ready to help fight for the justice you deserve.

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

⚖️ EXPERTS

Unprovable VA Disability Claims

Are you struggling with a VA claim that feels impossible to prove? You’re not alone. Many veterans find themselves battling for benefits with little evidence to support their case. But there’s hope. This guide will walk you through overcoming these hurdles, helping you turn your ‘unprovable’ VA disability claim into a victory.

The Challenge of Unprovable VA Claims

Why are some VA claims hard to prove? 

Two big reasons: 

• missing medical records

• unclear service connections

The Role of Medical Records and Service Connection

Medical records are the cornerstone of your claim, providing tangible evidence that your injuries or conditions are directly linked to your time in service. These documents can include routine medical exams, hospital stays, and notes on treatments and diagnoses received both during and after your military service.

Establishing a service connection validates that your condition is a result of your service, qualifying you for disability benefits. The challenge often lies in filling the gaps within your medical history or service records that unequivocally tie your condition to your service.

Common Roadblocks

• Lost Records: Fires, moves, or the passage of time can result in missing records.

• Mental Health Challenges: Conditions like PTSD can be especially tough to document, with symptoms that may not appear until years after service.

Strategies for Navigating Unprovable Claims

Here’s how to strengthen your case, even when it feels like the odds are against you.

Leveraging Alternative Evidence

• Buddy Statements: Witnesses can help fill in the blanks. Comrades or family can vouch for your experience.

• Expert Reports: Sometimes, a fresh medical opinion can make all the difference.

• Research: Articles, studies, or reports related to your condition can support your claim.

Making the Most of Presumptive Conditions

Presumptive conditions are specific health issues the VA acknowledges are linked to military service without requiring you to prove the connection directly. Common examples include conditions related to Agent Orange exposure and certain chronic diseases that appear within a set time after discharge. Demonstrating that you have the condition and served during a relevant period or location can strengthen your claim.

Case Studies: Overcoming Common Unprovable Claims

Tinnitus VA Claims

Tinnitus is common among veterans, often resulting from exposure to loud noises during service. While tinnitus itself is typically rated at a maximum of 10%, it can be the gateway to recognizing and compensating for related conditions.

To strengthen your tinnitus claim:

• Document incidents of exposure to loud noises or head injuries during service.

• Seek evaluations from audiologists to establish the presence and severity of your tinnitus.

• Link to secondary conditions, such as depression or sleep disturbances, resulting from your tinnitus.

Mental Health VA Claims

Mental health conditions, such as PTSD or depression, present challenges in the claims process. The key is establishing a clear connection between your service and your mental health condition.

To enhance your mental health claim:

• Provide a detailed account of any events during service that could have led to your condition.

• Gather statements from fellow service members, friends, or family who can attest to changes in your behavior or mental health.

• Secure a diagnosis and ongoing treatment records from a mental health professional that explicitly link your condition to your military service.

Environmental Exposure VA Claims

Environmental exposure claims cover conditions caused by hazardous materials during service, such as Agent Orange or contaminated water at Camp Lejeune.

To support these claims:

• Demonstrate presence in areas known for hazardous exposure during your service.

• Collect historical data and research that link exposure in those areas to specific health conditions.

• Obtain medical opinions connecting your condition directly to the exposure.

Future-Proofing Your Claims

To safeguard against the uncertainty of “unprovable” claims in the future, maintain accurate medical records and establish a clear service connection from the outset. These proactive measures ensure a solid foundation of evidence to support any future benefits applications.

Maintaining Accurate Medical Records

• Regularly update your records with new medical reports, tests, and treatments.

• Store copies in a secure, yet easily accessible location. Consider digital backups.

• Review your records periodically to ensure they’re complete and accurate.

Establishing a Clear Service Connection

• Document any injuries or health issues as they occur during your service.

• Report these incidents to your superiors and ensure they’re recorded in your service records.

By adopting these strategies, you’re not just preparing for the possibility of filing a VA claim; you’re taking control of your narrative and ensuring that your claim stands on solid ground. Future-proofing your claims is about protecting your rights and ensuring you receive the recognition and benefits you’ve earned through your service.

Have you lost your medical records? Attorney Matthew Hill explains how it’s still possible to win a VA claim without them and how to do it, in this short YouTube video.

🗺️ TACTICS

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🦅SUPPORT

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

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 Post-Traumatic Stress Disorder (PTSD). The veteran provided detailed service records, a comprehensive psychiatric evaluation, and lay statements confirming the occurrence of a traumatic event during military service.

The Outcome

The veteran was granted service connection for PTSD, acknowledging the psychological impact of their service.

Why Was This Claim Successful?

The veteran supported the claim with compelling evidence, including:

• Service Records: The veteran provided thorough service records documenting their presence during a traumatic event. These records were crucial in establishing the occurrence of the stressor.

• Psychiatric Evaluation: A detailed psychiatric evaluation diagnosed the veteran with PTSD and linked the condition directly to the in-service traumatic event. The evaluation included a thorough description of the symptoms and their impact on the veteran's daily life.

• Lay Statements: Statements from fellow service members and family provided additional corroboration of the veteran's symptoms and the traumatic event, emphasizing the significant change in the veteran's behavior post-service.

Additional Insights

• Timely Reporting and Treatment: The veteran's claim was strengthened by evidence of timely reporting of PTSD symptoms and seeking treatment shortly after service, which demonstrated a clear and consistent link to their military experience.

• Importance of Consistency: The veteran consistently described the traumatic event and its effects across various documents and interviews, which helped solidify the credibility of the claim.

Tips from the Legal Team

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

Tip #1: Document the Stressor Event Thoroughly

When claiming PTSD, it’s vital to provide detailed accounts and documentation of the traumatic event. Service records or any official documentation that supports the occurrence of the event can be decisive.

Tip #2: Seek Immediate Treatment and Keep Records

Seeking prompt treatment for PTSD symptoms and maintaining detailed records of all medical visits and therapies can strengthen your claim. Early and consistent medical evidence supports the continuity and severity of the condition.

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