🎖️ VALOR

Overcoming the VA’s Roadblocks: A Success Story

Malcolm Harrison, a U.S. Air Force veteran who served from 1984 to 1992, faced overwhelming challenges when trying to secure his VA benefits. From missed deadlines to confusing paperwork, Malcolm’s journey was filled with obstacles that many veterans can relate to. But when he found Hill & Ponton, everything changed.

Watch the video to hear Malcolm’s story and learn how he finally received the benefits he deserved after years of struggle.

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

DD214: A Powerful Key to Your VA Disability Benefits 

When it comes to applying for VA disability benefits, your DD214 form isn’t just a document—it’s your golden ticket. This essential record of your military service can significantly impact the outcome of your disability claim.

But what exactly makes this form so important, and why should you care about every detail it contains?

The DD214: What It Is and Why It Matters 

The DD214, also known as the Certificate of Release or Discharge from Active Duty, is a document that summarizes your entire military service.

It includes vital information such as your dates of service, the nature of your discharge, your rank at the time of discharge, and any awards or decorations you received. But beyond its role as a historical record, the DD214 is crucial for accessing VA benefits, including disability compensation. 

Key Points Contained in Your DD214: 

• Service Dates: Confirms eligibility for VA benefits based on your active-duty service. 

• Type of Discharge: Determines whether you qualify for benefits—honorable discharges are typically required for most VA benefits. 

• Military Occupational Specialty (MOS): Can be used to establish a connection between your service and any disabilities you’re claiming. 

• Service-Connected Injuries or Conditions: Any injuries or medical conditions noted in your service record that can support your disability claim. 

This form is often the first piece of evidence the VA looks at when processing your disability claim. If your DD214 is incomplete or incorrect, it can delay your benefits or even result in a denial. 

Why You Should Care About the Accuracy of Your DD214 

Imagine applying for VA disability benefits only to find out that a crucial piece of information is missing or incorrect on your DD214. Perhaps your discharge status is wrong, or a service-connected injury wasn’t documented. These errors can lead to unnecessary complications, delays, or denials of your claim.

Ensuring that every detail on your DD214 is accurate is not just important—it’s essential. 

Common Errors to Watch For: 

• Incorrect Discharge Status: An error here could make you ineligible for VA benefits. 

• Missing Service Awards or Commendations: Awards can support claims for conditions related to specific experiences or exposures during service. 

• Inaccurate Service Dates or Assignments: These can affect the evidence available to support your claim for service-connected disabilities. 

If you discover errors on your DD214, you can request a correction through a process known as a DD215, which issues a corrected version of the form. It’s worth taking the time to review your DD214 carefully before submitting any claims. 

How to Obtain Your DD214 

Whether you’ve misplaced your DD214 or never received it, getting a copy is a straightforward process. The National Personnel Records Center (NPRC) is the primary source for veterans seeking copies of their DD214, but you can also request one through the VA or other authorized websites. 

Steps to Requesting Your DD214: 

• Online through eVetRecs: The fastest way to request your DD214 is online through the National Archives’ eVetRecs system. This platform allows you to submit your request electronically. 

• By Mail or Fax: You can submit a Standard Form SF-180 to the National Personnel Records Center (NPRC) by mail or fax. Make sure to specify you need a copy of your DD214. 

• Through a VA Regional Office: If you’re already working with a VA representative, they can assist you in obtaining a copy of your DD214. 

Tips for Reviewing Your DD214 

Once you’ve obtained your DD214, review it carefully. Here are some tips to ensure everything is in order: 

• Cross-Check Dates: Verify that your dates of service are accurate, as these are critical for determining eligibility. 

• Confirm Your Discharge Status: Ensure your discharge type is listed correctly—this is key for accessing benefits. 

• Look for Missing Information: Double-check that all awards, commendations, and service-related injuries are recorded. If something is missing, gather any additional documentation you may have, such as orders, medical records, or certificates, and consider requesting a correction. 

Why Accurate Military Records Matter for VA Claims 

Your DD214 isn’t the only record that matters when filing for VA disability benefits, but it’s certainly the cornerstone. In addition to your DD214, the VA may review your complete military service records, including medical records, personnel files, and any records of exposure to toxic substances or combat. 

Common Issues Veterans Encounter: 

• Missing Medical Records: These can be crucial for establishing service connection for disabilities. 

• Unrecorded Injuries: If injuries sustained during service aren’t documented, it can be challenging to prove they’re service-related. 

• Lost or Damaged Records: Sometimes, records are lost or destroyed, making it difficult to gather the evidence needed for a successful claim. If this happens, you may need to provide alternative documentation or affidavits from fellow service members. 

Your DD214 is more than just a piece of paper—it’s the key to unlocking the benefits you’ve earned through your service. Whether you’re filing a claim for the first time or appealing a denial, ensuring that your DD214 and other military records are complete and accurate is crucial.

Don’t Underestimate the Power of Your Own Voice - An Attorney Video from H&P

Discover how detailed personal statements can be the missing piece in your VA disability claim. In this video, we break down a veteran’s journey to secure service connection for a neck injury, highlighting the critical role of lay statements in filling the gaps left by incomplete military records.

🗺️ 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.

But first, let’s revisit last week’s question: What is the importance of a veteran’s C-File in the VA disability claims process? The correct answer was (B) It includes all medical records and evidence related to the veteran’s disability claims. Kudos to the 70% of you who nailed it!

The C-File is crucial as it contains all the documentation the VA uses to decide a veteran’s disability claims. This includes service records, medical evaluations, and any evidence that supports the claim. You can learn more about it here.

Now, are you ready for this week’s trivia challenge? We can’t wait to see how you do!

🦅SUPPORT

One Veteran's Success in Obtaining a Higher VA Disability Rating

Note: All identifying info is fictitious to protect the identity of our client.

Summary of Claim

In a recent appeal, a veteran who served on active duty from 1977 to 1981 and from 1982 to 1998 successfully secured an increased disability rating for hypertension. Initially, the VA granted service connection but assigned a noncompensable (0 percent) rating. The veteran believed this rating was too low, given the severity of his condition, and decided to appeal.  

His persistence and strategic presentation of evidence led to the Board of Veterans' Appeals (BVA) granting a 10 percent rating for his service-connected hypertension. 

The Outcome

The Board granted the veteran an increased rating of 10 percent for his hypertension. This outcome was achieved by carefully demonstrating that, even with continuous medication, the veteran’s diastolic blood pressure would be 100 or more. 

Why Was This Claim Successful?

The veteran’s success in securing a higher rating was due to several critical factors: 

• Consistent Medical Evidence: The veteran provided VA treatment records that consistently showed elevated blood pressure readings. This included an emergency room visit where his blood pressure was recorded at 164/105, a key piece of evidence that demonstrated his blood pressure could reach compensable levels without medication. 

• Testimony on Medication Use: The veteran testified that his diastolic pressure was 100 or higher when he was first prescribed medication, and that continuous medication was necessary to keep his blood pressure under control. This testimony was crucial in establishing the severity of his condition and the need for a compensable rating. 

• Strategic Use of Key Medical Records: A single, well-documented instance of a diastolic reading of 164/105 in the emergency room was pivotal in proving that the veteran’s blood pressure was sufficiently severe to warrant a higher rating. Even though subsequent readings on the same day were lower, this key record provided the necessary evidence to meet the criteria for a 10 percent rating. 

Additional Insights

This case highlights the importance of both medical evidence and personal testimony in the VA claims process. Veterans pursuing a higher rating should carefully document their condition, especially in cases where symptoms are controlled by medication. The VA often considers the severity of a condition before it is mitigated by treatment, as shown in this case where the veteran's condition met the criteria for a higher rating due to his blood pressure levels before medication. 

Tips from the Legal Team

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

Tip #1: Document Key Medical Events 

Keep a detailed record of any significant medical events related to your condition, such as emergency room visits, particularly when your symptoms are at their worst. These records can be instrumental in proving the severity of your condition. 

Tip #2: Provide Testimony on Your Medication Use 

If you are taking medication to control your condition, be sure to explain how your symptoms would manifest without treatment. This can help establish that your condition is severe enough to warrant a compensable rating. 

Tip #3: Focus on a Strong, Singular Piece of Evidence 

Sometimes, a single piece of compelling evidence can make a significant difference in your claim. Ensure that your most critical medical records are highlighted and thoroughly explained in your 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.

For more details about this specific case, you can view the full VA decision here: VA Case Log - Citation Nr: 1414054.