🎖️ VALOR

Overcoming VA Challenges: CPO Glenn Sharkey’s Story

In this powerful video, Coast Guard veteran Glenn Sharkey shares his journey through the VA disability claims process. After struggling for years with medical issues and not realizing he was eligible for VA benefits, a chance encounter led him to connect with the right people to help. With their expertise, Glenn’s rating increased from 10% to 100%, significantly improving his quality of life.

Watch as Glenn details how the right support helped him secure the benefits he earned through his service.

Attention: Were You or a Loved One Injured in Iraq or Afghanistan?

If you or a family member served in Iraq or Afghanistan between 2003-2017 and were injured by a sniper, rocket mortar, IED, or EFP, you may be entitled to compensation. Injuries could include loss of limb, eyesight, corrective surgeries, shrapnel or burns, traumatic brain injuries, or other blast-related wounds.

Don't wait—these injuries deserve justice. Contact our team to learn more about your options for compensation and to get the help you need.

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

⚖️ EXPERTS

Mastering VA Form 21-526EZ: Essential Tips for a Successful Claim 

Filing a VA disability claim begins with VA Form 21-526EZ, also known as the "Application for Disability Compensation and Related Compensation Benefits." This form is the gateway to obtaining the benefits you've earned through your service, making it one of the most important documents you'll ever complete. But filling it out correctly can be challenging, and mistakes can delay your claim or result in a denial.  

Why VA Form 21-526EZ Is So Important 

VA Form 21-526EZ is the foundation of your disability claim. This form not only initiates the process but also sets the stage for how the VA evaluates your claim. A well-prepared form can make the difference between a smooth claims process, and one filled with delays and complications. Your goal should be to present a clear, concise, and fully supported claim that leaves little room for doubt about your eligibility and the severity of your disability. 

Key Sections of VA Form 21-526EZ: 

• Veteran Information: This section requires your personal details, including your name, Social Security number, and service information. It's crucial to ensure all information matches your military records to avoid any delays. 

• Disability Information: Here, you'll provide specific details about the conditions you are claiming. Be thorough in describing when and where these conditions occurred or worsened, particularly in connection with your military service. Clear and detailed information is essential for establishing service connection. 

• Treatment Information: This section covers the medical facilities and healthcare providers who have treated your conditions. Include all relevant treatment history to give the VA a comprehensive view of your medical care and the information VA needs to fulfill their Duty to Assist requirement. 

• Toxic Exposure Information: Considering the PACT Act, this section is particularly important for veterans who were exposed to toxic substances during their service. If you were exposed to burn pits, Agent Orange, or other hazardous materials, provide detailed information here. This section is critical for ensuring that your exposure is recognized and that you receive the benefits related to any resulting conditions. It is not necessary you know the exact chemicals or toxins you were exposed to, but a general explanation is important. 

• Direct Deposit Information: This is where you'll specify where your compensation payments will be sent if your claim is approved. Ensure that this information is accurate to avoid delays in receiving your benefits. 

While each section is important, it’s the accuracy and completeness of the information you provide that will determine the success of your claim. 

Tips for Completing VA Form 21-526EZ Effectively 

To ensure that your claim is processed as quickly and efficiently as possible, follow these tips when completing VA Form 21-526EZ: 

Tip #1: Be Thorough and Accurate 

Double-check all the information you provide for accuracy. Mistakes or omissions can lead to delays or even denials. For example, ensure your personal details match those on your military records, and carefully list each condition you’re claiming with relevant dates and locations. Inaccurate or incomplete information can result in the VA returning your form or deciding based on insufficient evidence. 

Tip #2: Clearly Explain Each Condition 

When listing your disabilities, be clear and specific about each condition. Avoid vague language and provide as much detail as possible, including how the condition developed or worsened due to your service. This clarity will help the VA understand the connection between your service and your current health issues, which is crucial for establishing service connection. Remember to claim the conditions, not the exposures that caused them.

Tip #3: Gather and Submit Supporting Evidence 

The VA requires evidence to substantiate your claim. This can include medical records, service records, and statements from healthcare providers. Attach these documents directly to your form when possible. The more comprehensive your evidence, the stronger your claim. If you lack specific records, make a note of this and request assistance from the VA in obtaining them, as they are required to help you gather necessary evidence under the Duty to Assist. 

Tip #4: Avoid Common Mistakes 

Some common mistakes can easily be avoided with careful attention: 

• Skipping Sections: Ensure that every relevant section of the form is completed. Skipping sections or leaving parts blank can result in processing delays. 

• Failing to Specify Dates and Locations: The VA needs to know when and where your conditions began or worsened, especially in connection to your service. Provide precise dates and locations to strengthen your claim. 

• Overlooking the Direct Deposit Information: Make sure to fill out the direct deposit information correctly, as this will ensure you receive your benefits without unnecessary delays once your claim is approved. 

Tip #5: Use Lay Statements to Your Advantage 

Lay statements—written accounts from friends, family, or fellow service members—can be powerful evidence in your claim. These statements provide personal insights into how your condition affects your daily life. Make sure these statements are detailed and relevant, explaining the impact of your disabilities in a way that complements your medical evidence. 

Tip #6: Consider Seeking Professional Help 

Filing a VA disability claim can be complex, especially if you have multiple conditions or if your service connection isn’t straightforward. Consider seeking help from a VA-accredited representative, lawyer, or Veterans Service Organization (VSO). These professionals can assist you in completing the form accurately, gathering evidence, and submitting your claim. 

Common Pitfalls to Avoid 

Even with the best preparation, some pitfalls can trip up your claim. Here’s what to watch out for: 

• Missing Deadlines: Failing to submit your form or additional evidence by the VA’s deadlines can result in a denied claim. Keep track of all deadlines and respond promptly to any requests from the VA. 

• Underestimating the Importance of Evidence: Don’t assume that the VA will automatically grant your claim without solid evidence. Always provide thorough and well-documented evidence to support your claims. 

• Failing to list Treatment Facilities: By not listing any private medical facilities, you relieve VA of their Duty to Assist in getting those records, including any Federal records if you have Social Security Disability. Getting these records yourself can be costly and time consuming. 

• Failing to Keep Copies: Always keep copies of your completed form and all submitted evidence. This can be crucial if the VA requests additional information or if you need to appeal a decision. 

Successfully completing VA Form 21-526EZ is a crucial first step in securing the benefits you deserve. By being thorough, avoiding common mistakes, and providing strong supporting evidence, you can significantly improve your chances of a successful claim. Remember, the VA’s Duty to Assist is there to help you gather the necessary evidence, but the responsibility for submitting a well-prepared claim rests with you. 

Want more info about how to fill out this form? Check out our comprehensive video with our team, explaining everything you need to know!

🦅SUPPORT

We’re back with another VA Disability Law trivia question this week! Test your knowledge, and we’ll dive into the details in next week’s newsletter.

First, let’s go over last weeks question—what is the purpose of a Notice of Disagreement (NOD)? The answer was to challenge a VA decision regarding a disability claim.

A Notice of Disagreement (NOD) is the first step veterans can take if they disagree with a VA decision regarding their disability claim. It allows veterans to formally express why they believe the VA's decision is incorrect, such as disputes over service connection, rating percentages, or effective dates. Veterans have up to one year from the date of the decision to file an NOD, and it’s important to provide additional evidence and clearly explain why the VA should reconsider their decision.

Okay! Ready for this weeks question? Here you go!

🗺️ TACTICS

One Veteran’s Victory in Securing Service Connection for Sleep Apnea

Note: All identifying info has been changed to protect the identity of the client.

Summary of Claim

A veteran who served on active duty from 1986 to 1994 successfully secured service connection for sleep apnea, a condition that significantly impacted his health and daily life. Initially, the VA denied the claim, arguing that there was insufficient evidence to link the veteran’s sleep apnea to his military service. However, the veteran appealed this decision, presenting compelling evidence that ultimately led to a favorable outcome. 

The Outcome

The Board of Veterans' Appeals (BVA) granted service connection for the veteran’s sleep apnea, concluding that the condition was etiologically related to his active service. This decision was based on the veteran’s consistent testimony regarding his in-service symptoms and strong medical opinions that linked these symptoms to his later diagnosis of sleep apnea. 

Why Was This Claim Successful?

The success of this claim was due to several key factors: 

• Symptom Consistency: The veteran consistently reported experiencing symptoms such as fatigue, headaches, and snoring during his time in service. These symptoms, which were later diagnosed as severe obstructive sleep apnea in a 2003 private sleep study, provided a clear link between his service and the condition. 

• Medical Support: A VA physician reviewed the veteran’s case and noted that his in-service symptoms were consistent with sleep apnea. This medical opinion was crucial in establishing a service connection, despite the lack of direct medical records from the time of service. 

• Credible Testimony: The veteran’s testimony regarding his symptoms and their persistence over the years was deemed credible by the Board. His consistent reporting of fatigue, headaches, and snoring from his time in service played a critical role in the Board’s decision to grant service connection. 

Additional Insights

This case highlights the importance of providing consistent and credible testimony when seeking service connection for a condition that was not formally diagnosed during service. Even without complete medical records from the time of service, a veteran’s personal account, combined with supportive medical opinions, can be enough to establish service connection. 

Tips from the Legal Team

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

Tip #1: Consistently Documenting Symptoms

Ensure that you consistently document your symptoms, both during and after your service. Even if the condition was not formally diagnosed while you were in the military, a consistent record of symptoms can help establish service connection. 

Tip #2: Seek Medical Opinions

A strong medical opinion can significantly bolster your claim. If you believe your condition is related to your service, ask your healthcare provider to provide an opinion that connects your symptoms to your military service. 

Tip #3: Be Persistent in Appeals

If your initial claim is denied, don’t give up. As seen in this case, persistence and additional evidence can turn a denial into a favorable outcome on appeal. 

If you're facing challenges in securing the VA benefits you deserve, or if you believe your current disability rating does not accurately reflect your condition, we're here to help. Call us at (855) 494-1298.