One of the most important things to support your VA claim is a personal statement. Here’s how to make your statement effective.

1. Understand the Purpose of the Personal Statement

The personal statement serves as a bridge between your medical records, service history, and the VA adjudicator. While your medical records provide clinical evidence and your service history establishes eligibility, your personal statement humanizes the claim. It’s your chance to:

• Explain how your disability is connected to your military service.
• Describe the severity and impact of your condition.
• Provide context for gaps or inconsistencies in your documentation.

The VA will use this information to assess the credibility of your claim and determine the appropriate disability rating.

2. Use your own words

More and more, veterans are asking whether they should use ChatGPT or other AI services to write there statement. I recommend you don’t. VA raters are looking for your experience, and you know your experience best. An AI written statement can damage the credibility of your claim.

If you aren’t comfortable with writing, you can try to dictate your statement on your phone. Your words are going to be the most effective way to convey your experience.

3. Structure Your Statement Effectively

An organized and clear personal statement is easier for VA reviewers to evaluate. Consider structuring your statement into three main parts:

a) Introduction

Begin by stating the purpose of your statement. For example:

“I am writing this statement to provide details about my service-connected [condition] and its impact on my daily life. My condition stems from my active-duty service from [dates of service] and has progressively worsened over time.”

Include essential details such as:

• Your full name.
• Social Security number or VA file number.
• The specific condition(s) you’re addressing.

b) Body

The body of your statement should provide a detailed account of your condition. Break this section into subparts to cover key elements:

1. Service Connection: Explain how your condition is related to your military service. Be specific about incidents, locations, and dates. For instance:

“While stationed at [location], I experienced [event]. This incident caused injuries that have resulted in [your symptoms].”

2. Impact on Daily Life: Detail how your condition affects your ability to work, perform household tasks, maintain relationships, or engage in hobbies. Use specific examples:

“Due to my back injury, I am unable to sit or stand for more than 15 minutes, which severely limits my ability to hold a job or perform basic tasks like grocery shopping.”

3. Symptom Progression: Describe how your symptoms have evolved over time, and note any treatments you have tried and their effectiveness.

c) Conclusion

Summarize your key points and reiterate your request for a fair evaluation. For example:

“In conclusion, my service-connected [condition] has profoundly impacted my quality of life. I respectfully request that the VA consider the evidence provided and grant the appropriate disability rating.”

4. Use Specific, Descriptive Language

The VA relies on concrete details to evaluate your claim. Avoid vague statements like “I have pain” and instead write:

“I experience sharp, shooting pain in my lower back every morning, which prevents me from bending down to tie my shoes.”

Provide measurable information wherever possible. For example:

• “I have missed 15 days of work in the past three months due to migraines.”
• “I can only walk for about 10 minutes before needing to sit and rest.”

This level of detail paints a clearer picture of your struggles.

5. Be Honest and Consistent

Honesty is crucial when writing your personal statement. Exaggerating or misrepresenting your condition can damage your credibility and harm your claim. Ensure that your statement aligns with other evidence in your file, such as:

• Medical records.
• Statements from fellow service members.
• Supporting letters from family, friends, or employers.

If there are discrepancies—for example, a delayed diagnosis—use your statement to explain them.

6. Keep It Clear and Concise

While it’s important to be detailed, avoid overly long or repetitive statements. A one-to-two-page personal statement is usually sufficient. Use simple, straightforward language and break your text into short paragraphs for readability. VA raters are less likely to read a very long statement

6. Seek Supporting Evidence

Consider including additional evidence to strengthen your statement, such as:

• Buddy Statements: Fellow service members can corroborate your account of in-service events.
• Lay Statements: Family or friends can describe how your condition affects your daily life.
• Medical Opinions: A letter from your doctor explaining the link between your condition and service can be invaluable.
• Dates of VA or private medical appointments. Make the rater’s job easier to find information in your records. You can use a statement like “I went to sick call on February 12, 1998, March 15, 1998 and May 20, 1998. Since leaving service I’ve had appointments at the VA many times over the years since. This year I went to doctor on May 17, June 12, August 5.

7. Proofread and Review

Before submitting your personal statement, review it carefully for clarity and accuracy. Check for:

• Spelling and grammatical errors.
• Missing or incorrect details.
• Consistency with other documentation.

Consider asking a trusted friend, family member, or Veterans Service Officer (VSO) to review your statement for additional feedback.

8. Get Help If Needed

Writing a personal statement can be challenging, but you don’t have to do it alone. Many organizations offer free assistance to veterans, including:

• Veterans Service Organizations (VSOs): Groups like the American Legion and Veterans of Foreign Wars (VFW) can guide you through the process.
• VA-accredited Attorneys or Agents: Professionals familiar with VA claims can help craft a strong statement.

Final Thoughts

A well-crafted personal statement can make a significant difference in the outcome of your VA disability claim. By presenting your story clearly, honestly, and with specific details, you can help the VA understand the true impact of your service-connected condition. Remember, this is your opportunity to advocate for yourself and the benefits you’ve earned through your service. Take the time to do it right, and don’t hesitate to seek support when needed.

If you are filing an appeal, have your claim evaluated by visiting our intake form at https://bit.ly/3rBbZum and email your latest denial letters to info@veteransclaimsagent.com

Way back in 1992, when I got out of the Army, I filed claims for knee and foot injuries from basic training. I had stress fractures, which would have eventually and healed and been fine with proper medical care, but I didn’t get that care because immediately after finishing basic at Fort Knox, I deployed to Saudi Arabia and then Iraq.

Fast forward to 1995: my claims were denied, because VA had lost my entire file, including my service treatment records. The case was dead. Even though I had ongoing pain (in fact, one of the sesamoid bones in my right foot had completely separated into two), I had no way of proving that it happened in service.

Decades later, after filing a privacy act request for my c-file, I discovered that in 2016 VA had found my service treatment records. Thanks to a provision in VA regulations, I was able to get that claim backdated all the way to September 1992. But that took a couple of appeals. Winning that case is one of the reasons why I do this work: too often I see veterans whose claims get screwed up by VA and they don’t get the benefits they earned.

The legal provision which allowed for backdating that claim is 38 CFR 3.156(c).

What Is 38 CFR 3.156(c)?

This rule is part of the VA’s regulations. It deals with situations where the VA discovers new records connected to a veteran’s military service after they’ve already decided on a claim. These new records might include service department records, like reports about injuries, medical treatment, or duty assignments, that weren’t considered during the original decision.

If these records are found and they’re important to the claim, the VA must reopen the case. Even better, the rule says that if these records show the veteran should have received benefits earlier, the VA must adjust the start date for payments to reflect when the veteran first filed the claim.

Why Is This Important?

Sometimes, a veteran’s disability or condition isn’t fully understood until later when new evidence comes to light. For example:

• A veteran files a claim for PTSD but is denied because there’s no proof of a stressor event in their records.
• Years later, military records surface showing the veteran was involved in combat or another traumatic event.

Under 38 CFR 3.156(c), the VA must look at the case again, as if the newly discovered records had been there from the start.

Key Points to Remember

• This rule only applies to official records that the VA or military had but didn’t include in the original review.
• It doesn’t cover private medical records or personal statements from the veteran, unless they lead to discovering the missing service records.
• If your case is reopened and benefits are awarded, you might get back pay dating to your original claim.

What Should You Do?

If you believe new service records related to your claim have been found, let the VA know immediately. Provide as much detail as you can about how these records prove your case. 

These claims can be difficult and complicated. If you’re unsure how to proceed, consider getting help from an accredited agent or attorney.

If you think you may be eligible for reconsideration of your claim under 3.156(c), please fill out my case intake form and I can assess your claim.

One of the big things to understand is the scope of claim, which is not only the explicitly claimed conditions but also those reasonably implied by the evidence provided. This comprehensive guide outlines the key aspects of scope of claims and provides real-world case studies to illustrate how it works in practice.

What Does “Scope of Claim” Mean?

The “scope of claim” is not limited to the exact words or conditions a veteran lists in their application. Instead, it includes:

1. Explicit Claims: Directly stated conditions, such as “left knee pain.”
2. Implied Claims: Conditions or entitlements reasonably raised by the evidence or application, even if not explicitly stated.
3. Secondary Conditions: Disabilities resulting from or aggravated by the primary condition.

Legal Framework Supporting Scope of Claim

• Clemons v. Shinseki, 23 Vet. App. 1 (2009):
  Veterans’ claims for mental health disorders must be construed broadly, encompassing all diagnoses supported by symptoms described.
• DeLisio v. Shinseki, 25 Vet. App. 45 (2011):
  VA must consider all issues raised by the evidence, even if the veteran didn’t explicitly claim them.
• 38 C.F.R. § 3.310:
  Governs secondary service connection, expanding a claim to include conditions caused or worsened by a service-connected disability.

Case Studies: Real-World Examples

Case Study 1: Expanding a Mental Health Claim

Scenario:
John, a Vietnam veteran, files a claim for Post-Traumatic Stress Disorder (PTSD) due to combat experiences. During his medical examination, the VA psychiatrist diagnoses him with major depressive disorder in addition to PTSD.

Outcome:
The VA expands the claim to include major depressive disorder as part of the broader mental health condition. This reflects the principles outlined in Clemons v. Shinseki, which ensure that veterans receive compensation for all conditions related to their described symptoms.

Key Takeaway:
Veterans don’t need to know their exact diagnosis—describing the symptoms is sufficient to invoke a claim’s broader scope.

Case Study 2: Secondary Conditions Related to a Physical Disability

Scenario:
Maria, a Gulf War veteran, files a claim for a service-connected knee injury. Over time, she develops chronic back pain due to altered gait caused by the knee injury.

Outcome:
The VA considers her chronic back pain as a secondary condition and grants service connection for it under 38 C.F.R. § 3.310. Maria now receives compensation for both the knee injury and its resulting effects. VA almost never does this. It’s grounds for an appeal.

Key Takeaway:
Secondary conditions that arise from primary service-connected disabilities are automatically included within the scope of a claim.

Case Study 3: Incorrect Denial Based on Narrow Interpretation of Claim

Scenario:
Jessica files a claim for foot pain, which she attributes to long marches during her service. The VA denies the claim, stating there is no diagnosis of a specific foot condition like plantar fasciitis. However, Jessica’s medical records mention stress fractures.

Outcome:
On appeal, the VA acknowledges the error and awards compensation for the stress fractures, as they were reasonably encompassed within the scope of Jessica’s original foot pain claim.

Key Takeaway:
Even if the VA denies a claim, veterans should appeal when they believe related conditions were overlooked.

Practical Advice for Veterans

1. Detail Your Symptoms Thoroughly:
   Use lay statements and medical evidence to describe all symptoms, even if you’re unsure of the diagnosis. File your claim broadly. On the claim form, if you have sinusitis, file for respiratory condition. If you have anxiety, file for mental health condition. That way, if the C&P exam diagnoses a different condition, they have to consider it.

2. File for Secondary Conditions:
   If you suspect a condition is related to a service-connected disability, include it in your application or appeal.
3. Leverage VA Case Law:
   Familiarize yourself with rulings like Clemons and DeLisio to understand your rights.

4. Work with Experts:
   Seek help from VA-accredited representatives or attorneys to maximize the scope of your claim.

If you are interested in having your claim evaluated, please fill out my intake form at https://bit.ly/3rBbZum and I will review the claim and consider you for representation.

What is the PACT Act?

The PACT Act is named in honor of Sergeant First Class Heath Robinson, an Army National Guard member who died in 2020 from a rare cancer linked to toxic exposure during his deployment. This act responds to decades of advocacy from veterans who suffered illnesses related to exposure to burn pits, Agent Orange, and other hazardous substances. It is a comprehensive effort to ensure that veterans receive the healthcare and compensation they deserve.

Key Provisions of the PACT Act

The PACT Act aims to make the Department of Veterans Affairs (VA) more accessible and responsive to veterans affected by toxic exposure. Its key provisions include:

1. Expanded Healthcare Eligibility

The act expands VA healthcare eligibility to cover post-9/11 combat veterans, including those who were previously ineligible due to enrollment deadlines. This includes approximately 3.5 million veterans who were exposed to burn pits and other toxins.

2. Presumptive Conditions for Toxic Exposure

One of the most significant aspects of the PACT Act is the establishment of a presumptive service connection for certain conditions. Veterans diagnosed with any of the conditions listed under the act no longer need to prove their illness is directly linked to their military service.

For burn pit exposure, the act recognizes 23 specific conditions, including respiratory issues like asthma and chronic bronchitis, as well as cancers such as brain, kidney, and pancreatic cancer. It also expands the list of presumptive conditions related to Agent Orange, including hypertension and monoclonal gammopathy.

3. Enhanced Toxic Exposure Screening

The VA will conduct regular toxic exposure screenings for all enrolled veterans. This proactive measure ensures early identification of illnesses and a streamlined process for addressing health concerns.

4. Improved VA Resources and Accountability

The act allocates funds to modernize VA facilities, hire additional staff, and improve claims processing times. It also mandates an annual report to Congress to ensure transparency and accountability in how the VA addresses toxic exposure claims.

5. Broader Geographic Coverage

The PACT Act expands the list of locations presumed to have exposed veterans to harmful chemicals, including countries in the Middle East, Southeast Asia, and Africa. This change acknowledges the widespread nature of toxic exposure in modern military operations.

Why is the PACT Act Important?

The PACT Act addresses a systemic issue that has impacted generations of veterans. Burn pits, used extensively during operations in Iraq and Afghanistan, exposed service members to a toxic mix of chemicals from burning waste. Similarly, veterans of the Vietnam War were exposed to Agent Orange, a herbicide later linked to severe health conditions.

Historically, many veterans faced significant barriers in proving their illnesses were service-connected, leading to delays or denials of benefits. The PACT Act removes much of this burden by presuming a link between service and specific conditions. This change ensures faster access to healthcare and financial support for veterans and their families.

What Does This Mean for You?

For millions of veterans, the PACT Act guarantees access to healthcare for those who have suffered silently from the effects of toxic exposure. In theory, it makes the claims process for exposed veterans easier.

The act also benefits surviving family members of veterans who died from presumptive conditions. Spouses, children, and dependents can now receive benefits previously denied due to the lack of a service connection.

What to do to make sure you are eligible for PACT Act related benefits?

If you have never filed a claim for one of the presumptive conditions, but you believe you are eligible, the next steps are:

1. Fill out VA Form 21-526EZ and upload to VA via Quick Submit.
2. Make sure you include any documents showing your diagnosis and current treatment

If you’ve been denied for one of these conditions, please reach out with copies of your denial letters from VA by filling out my intake form. I’ll review them, and if I think you have a case I can represent, I’ll be in touch.

What happens if you become a client?

For each of my clients, I do a comprehensive review of the entire c-file, including service treatment records, VA medical records, VA decisions and more. This is a page by page review (for many veterans the file is thousands of pages long) so it can take a little time.

Once the review is complete, I develop a strategy for your case, then we meet to go over it. While my main work is appeals, if I offer representation I will also represent you on new claims. 

Once the strategy is ready, I write a detailed legal brief with an overview of the medical evidence and submit to VA, then keep you updated on a regular basis on the progress of your claim. Sometimes this includes reaching out to VA raters and other personnel through VA’s internal systems. As an accredited agent, I have access to VA systems and can keep a close eye on your claim and address issues before decisions are finalized.