🎖️ VALOR

How One Veteran Fought for Justice: Charles Korn’s Agent Orange Story

After years of service, Charles Korn faced a new battle—proving his exposure to Agent Orange while stationed in Korea. Despite the VA's initial denials, Charles persisted with the help of dedicated advocates. His journey highlights the challenges veterans face in securing their benefits and the power of expert representation.

In this video, Charles shares his experience overcoming the VA’s resistance, the investigative efforts that uncovered critical evidence, and how he ultimately secured the 100% disability rating he deserved. His story is a testament to resilience, advocacy, and the importance of fighting for what’s right.

Watch now to hear Charles’s inspiring story and learn how perseverance can lead to justice for veterans!

⚖️ EXPERTS

What is VA Disability Back Pay and How Does It Work?

Back pay refers to the retroactive benefits veterans are owed from the effective date of their claim to the time their benefits are granted. For many veterans, understanding how VA back pay is calculated and when they might receive it can be critical to maximizing their benefits.

This guide explains the ins and outs of VA disability back pay, including:

• How the VA determines your effective date

• How far back retroactive benefits can go

• What to expect when your claim is approved

Effective Date of VA Claims

The effective date is the starting point for calculating back pay and is usually the date the VA receives your claim or the date entitlement arose, whichever is later. However, there are important exceptions:

• Direct Service Connection Claims: If you file within one year of separating from service, your effective date could be the day after your discharge.

• Presumptive Service Connection Claims: For conditions related to exposures like Agent Orange, the effective date is often tied to when entitlement arose—provided the claim is filed in time.

• Reopened Claims: When new evidence overturns a prior denial, the effective date is based on when the reopened claim was received.

These rules can significantly impact how much back pay you’re entitled to.

How VA Pays Back Pay for Disabilities

Once your claim is approved, the VA issues back pay to cover the period between your effective date and the decision date. Typically, this comes as a lump sum payment, giving veterans the compensation they were owed all at once.

But what happens if you’re seeking a higher disability rating or reopening a denied claim?

Curious about how far back your retroactive benefits might go or whether you’re entitled to back pay for dependents?

Click below to read the rest of our full article and find out how to maximize your VA disability back pay.

🦅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!

Did Your Military Role Involve Firefighting or Exposure to Hazardous Materials?

For decades, military firefighters, maintenance crews, and personnel working near flight lines or fuel storage areas were frequently exposed to Aqueous Film-Forming Foam (AFFF)—a firefighting tool containing PFAS, dangerous "forever chemicals." While essential for extinguishing fuel fires, AFFF is now linked to severe health conditions, including cancers and thyroid diseases.

Even if you didn’t handle AFFF directly, you may have been exposed through contaminated drinking water or proximity to areas where it was used. Veterans and their families are now learning about the long-term health risks tied to this exposure.

Common health conditions linked to AFFF exposure include:

• Testicular Cancer

• Kidney Cancer

• Liver Cancer

• Thyroid Disease (diagnosed 4+ years after exposure)

• Hyper/hypothyroidism (diagnosed 1+ years after exposure)

• Ulcerative Colitis

If you believe your service exposed you to AFFF or PFAS and you’ve experienced any of these conditions, don’t wait. Your military service and health matter, and we’re here to help you seek justice.

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

Veteran’s Success in Establishing Service Connection for Multiple Disabilities & TDIU 

Note: All identifying info has been changed to protect the identity of the client. These examples are taken from the BVA Database. If it is an example from a Hill & Ponton case, it will be indicated.

Summary of Claim

A Vietnam War veteran who served from January 1966 to January 1968, including combat service in the Republic of Vietnam, filed for service connection for sleep apnea, acid reflux, and a heart disorder (hypertensive heart disease). He also sought Total Disability Individual Unemployability (TDIU) benefits due to his inability to work from his service-connected disabilities. 

The veteran claimed that his sleep apnea and acid reflux were caused or aggravated by his service-connected PTSD with associated alcohol and cannabis use disorders, while his heart disorder stemmed from hypertension related to Agent Orange exposure during service. 

Initially, the veteran’s claims were denied by the VA, prompting an appeal to the Board of Veterans’ Appeals (BVA). 

The Outcome

In this case, the BVA granted service connection for multiple conditions and approved TDIU benefits. 

• Granted: Service connection for sleep apnea secondary to PTSD. 

• Granted: Service connection for acid reflux secondary to PTSD. 

• Granted: Service connection for a heart disorder, diagnosed as hypertensive heart disease, secondary to Agent Orange exposure. 

• Granted: Total Disability Individual Unemployability (TDIU), recognizing the veteran’s inability to sustain gainful employment due to service-connected disabilities. 

Why Was This Decision Made?

The BVA’s decision was based on a combination of strong medical evidence, the veteran’s service records, and legal precedents. Here’s a breakdown of the key factors: 

1. Secondary Service Connection for Sleep Apnea and Acid Reflux 

The veteran presented a compelling case linking his sleep apnea and acid reflux to his service-connected PTSD with alcohol and cannabis use disorders. 

• Medical Evidence: A private medical opinion from a board-certified otolaryngologist specializing in sleep medicine provided critical support. The physician reviewed the veteran’s medical history and PTSD symptoms, explaining how PTSD can aggravate sleep apnea and acid reflux through mechanisms like stress-related hyperarousal and inflammation. 

• Supporting Studies: The doctor cited peer-reviewed research documenting the connection between PTSD and both sleep apnea and acid reflux. 

• BVA Analysis: The Board found the private medical opinion more persuasive than the VA’s earlier examination, which had failed to consider aggravation of these conditions by PTSD. 

2. Service Connection for a Heart Disorder Linked to Hypertension 

The veteran’s heart disorder, specifically hypertensive heart disease, was determined to be related to hypertension caused by Agent Orange exposure during service in Vietnam. 

• Agent Orange Exposure: The veteran’s service in Vietnam granted him presumptive exposure to Agent Orange. Recent updates to medical evidence, including National Academy of Sciences reports, established a clear link between Agent Orange and hypertension. 

• Medical Nexus: The BVA determined that the veteran’s hypertensive heart disease was directly tied to his service-connected hypertension, warranting secondary service connection. 

3. Approval of TDIU Benefits 

The veteran argued that his service-connected disabilities, including PTSD, hearing loss, tinnitus, sleep apnea, acid reflux, and his heart disorder, prevented him from maintaining substantially gainful employment. 

• Work History: The veteran, a college-educated former civil engineer, had been unemployed since 2008 due to the severity of his conditions. 

• Medical and Vocational Evidence: Evidence from VA and private examiners highlighted how the veteran’s PTSD caused severe social and occupational impairments, while his physical conditions limited his ability to perform sedentary or physical work. 

• Legal Standard: The BVA found that the veteran met the criteria for TDIU under 38 C.F.R. § 4.16, which allows for 100% compensation if service-connected disabilities prevent gainful employment. 

Tips from the Legal Team

This case highlights several critical strategies for successfully obtaining service connection and TDIU benefits: 

1. Leverage Private Medical Opinions: The veteran’s case was strengthened by a detailed private medical opinion that directly linked his conditions to his service-connected PTSD and provided evidence-based rationale. 

2. Use Agent Orange Presumptions: Veterans exposed to Agent Orange should explore secondary conditions like hypertension that may be linked to their service. 

3. Highlight the Impact of Disabilities on Employment: For TDIU claims, demonstrating how service-connected conditions affect employability is crucial. Evidence of the veteran’s work limitations and a detailed review of his educational and occupational history were key to securing TDIU. 

4. Challenge VA Decisions: The BVA often overturns unfavorable VA decisions when stronger evidence or legal arguments are presented. 

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.