🎖️ VALOR

An Air Force Veteran’s Fight for Justice

Mark Hupcey, an Air Force veteran, faced years of frustration as he battled the VA for answers about his Agent Orange-related illnesses. After countless denials and dead ends, he finally found the help he needed. Mark’s story highlights the struggles veterans often endure long after their service ends.

Watch the video to see how Mark's fight took a turn for the better.

Attention: Have You or a Loved One Had Complications from a BARD Power Port?

If you or a family member received a BARD Power Port (often used for long-term IV treatments like chemotherapy) and suffered from device breakage, infection, blood clots, or migration of the device within the body, you may be entitled to compensation.

Don't wait—these complications can be serious. Our experts are here to help you fight for the justice you deserve.

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

⚖️ EXPERTS

VA Disability Benefits for Traumatic Brain Injuries (TBIs)

Traumatic Brain Injuries (TBIs) are significant medical conditions that deeply impact the lives of veterans, especially when they result in disability. Understanding the financial support available through the Department of Veterans Affairs (VA) for those suffering from TBIs is essential.

Did you know? The unemployment rate for veterans with TBIs stands at a staggering 60%, far exceeding the national average of 5.1%.

What is a Traumatic Brain Injury (TBI)?

Traumatic Brain Injuries typically occur due to head impacts experienced during military service, including exposure to blasts, falls, or collisions. These injuries can range from mild concussions to severe brain damage, leading to various symptoms.

Symptoms and Effects

• Physical Symptoms: Headaches, dizziness, sleep disturbances.

• Cognitive Impacts: Memory loss, difficulty concentrating, slowed thinking.

• Emotional Changes: Mood swings, anxiety, depression.

For more information about VA Ratings for TBIs, click here to read our guide!

What is the average cost of a Traumatic Brain Injury (TBI) for a Veteran?

For veterans who have suffered traumatic brain injuries (TBIs), the financial toll is substantial, affecting not only the individuals themselves but also their families and society at large. Two years after diagnosis, the unemployment rate for veterans with TBIs stands at a staggering 60%, far exceeding the national average of 5.1%. Moreover, the cost of treatment for TBIs can range from $85,000 to an astounding $3 million over a lifetime.

Are you unable to work due to a TBI injury?

Total Disability based on Individual Unemployability (TDIU) is especially important for veterans who have suffered severe TBI that has left them in need of constant care. TDIU provides compensation at the 100% disability rate if your TBI prevents you from maintaining gainful employment, even if your overall disability rating is less than 100%.

Are you earning 4k in benefits a month when you could be earning 10k? (SMC-T)

The secret to this dramatic increase in compensation is a Special Monthly Compensation (SMC) benefit not everyone knows about.

SMC-T is a specialized VA disability benefit designed for Veterans suffering from severe Traumatic Brain Injury (TBI).

Here’s what you need to know:

• Eligibility: If you have TBI and require help with daily activities like dressing, feeding, or bathing, you may qualify for SMC-T.

• Payment Structure: SMC-T payments are made instead of regular monthly VA disability benefits.

• Rate Comparison: SMC-T is paid at the same rate as SMC-r(2), aimed at Veterans needing care above regular Aid & Attendance benefits.

Attorney Melanie goes over everything you need to know about SMC-T in this short YouTube video below. Check it out now!

🗺️ TACTICS

We’re back with another VA Disability Law trivia question this week! Give it a shot and we’ll talk about it in more detail in next weeks newsletter.

🦅SUPPORT

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

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 a respiratory condition linked to environmental exposures during military service. The veteran provided extensive medical records, a detailed examination report, and lay statements corroborating the onset of respiratory issues post-deployment.

The Outcome

The veteran was granted service connection for their respiratory condition, recognizing the impact of military environmental exposures on their health.

Why Was This Claim Successful?

The veteran supported the claim with compelling evidence, including:

• Service Records: The veteran provided service records documenting their presence in areas known for hazardous environmental conditions. These records were pivotal in establishing a link between the veteran’s service and the respiratory condition.

• Medical Examination: A thorough medical examination conducted by a VA physician diagnosed the veteran with a chronic respiratory condition. The examination report included a clear nexus statement linking the condition to the veteran's service.

• Lay Statements: Statements from fellow service members and family highlighted the veteran's health decline post-service, emphasizing the chronic nature of the respiratory symptoms that began during active duty.

Additional Insights

• Importance of Medical Nexus: The veteran's claim was significantly bolstered by a strong nexus opinion from a medical professional, directly connecting the respiratory condition to the veteran's service.

• Consistency in Documentation: The veteran's consistent medical records and detailed personal statements were instrumental in establishing the credibility of the claim.

Tips from the Legal Team

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

Tip #1: Gather Evidence of Environmental Exposure

When filing a claim for conditions related to environmental exposures, it’s crucial to provide thorough documentation of your service in affected areas. Official service records or unit histories can serve as key evidence.

Tip #2: Obtain a Strong Medical Nexus Opinion

A detailed medical opinion that clearly connects your condition to your military service is vital. Ensure that the physician reviews all relevant service records and provides a comprehensive explanation of the link.

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