Not sure you qualify? Your discharge, your diagnosis and your service record decide it, and this page walks through all three.

Crisis Line: 988702-992-4883
The VA DisabilityADVOCATE

What The VA Won’t Put In Writing

Declassified

Description

We decode the evidence rules, exam traps, and rating tricks the VA won’t spell out, then fight to win what you earned.

Notes

Information here is free. Optional accredited representation, no fees unless you win.

VA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTIONVA-ACCREDITED CLAIMS AGENT #45147DENIALS REOPENEDLOW RATINGS CHALLENGEDC&P EXAMS AUDITEDEFFECTIVE-DATE & CUE HUNTSTDIU · SMC · PACT ACTNO WIN, NO FEE ON 20% OR 30% REPRESENTATION · $750 FLAT MISSION 5 BRIEFGOVERNED BY 38 CFR §14.636SECONDARY CONDITIONS LINKEDTERA & TOXIC-EXPOSURE CLAIMSBOARD & HIGHER-LEVEL APPEALSFREE CASE REVIEW, ASK A QUESTION
Do You Qualify?
About the Firm
VA-Accredited Agent #45147
Accreditation and Eligibility · 38 CFR §14.629

Do You Qualify?

We are selective on purpose, because focus is what wins cases. Three myths stop more veterans than any rule does: that a bad discharge closes every door, that a condition must appear in your service records, and that an old denial is final forever. None of them is true.

I do not take every case, and I will tell you why if I pass on yours. We focus on denied and under-rated claims where the file can meet the legal standard for service connection and a higher rating. That focus is what lets us put real time into each case. Read the standards below, compare them to your own records, and you will know before you call whether we are a fit.

The Law That Governs This
38 CFR §14.62938 CFR §14.63638 CFR §3.12OGC Accreditation

Who We Represent

Our representation is built for veterans in a specific situation: the VA has already told you no, or given you less than you earned, and you are ready to fight back. That focus is deliberate. Appeals and rating fights are where an accredited agent makes the biggest difference, and where the regulations permit us to work on contingency under 38 CFR §14.636.

We do not take every case. We take cases we can win. That selectivity is what allows us to fight each one at the depth it requires, forensic file analysis, regulatory citation of every error, precision evidence packages, and relentless follow-through after each VA decision.

You Likely Qualify If…

Most veterans who reach out to us fit the profile below. Read each point and be honest with yourself about where you stand today. If most of them describe you, we should talk. If one does not, that is not always a dead end, it is simply the first thing we work through together.

The VA denied your claim, or rated you lower than your condition warrants

This includes denials for lack of nexus, service connection, or an inadequate C&P exam, as well as ratings that do not reflect the true functional impact of your condition.

You served and were discharged under honorable (or general, under honorable) conditions

Under 38 CFR §3.12, veterans with an honorable discharge or a general discharge under honorable conditions are eligible for VA benefits. Other-than-honorable (OTH) discharges may still qualify through a Character of Discharge determination, ask us.

You are not currently under contract with another representative

If you have a signed VA Form 21-22 or 21-22a with another VSO, attorney, or agent, that appointment must be revoked before we can represent you. We can walk you through the process.

You are in active medical treatment for your conditions

Current treatment records are the ammunition. The VA cannot rate what is not documented. Consistent treatment shows both the existence and severity of your condition.

You are willing to participate actively in your own claim

We do the forensic work, the legal arguments, and the filing. But we need you to attend your medical appointments, provide requested information, and show up for scheduled C&P exams.

A veteran's DD-214 and service records, the character of discharge that determines VA eligibility

Understanding Discharge Types

Your character of discharge determines your basic eligibility for VA benefits under 38 CFR §3.12. Pull out your DD-214 and look at the character of service block before you read further. Here is what each type means for your claim:

Honorable Discharge

Full eligibility for all VA benefits. This is the standard most veterans receive.

General Discharge (Under Honorable Conditions)

Eligible for most VA benefits, including disability compensation. You qualify for our representation.

Other-Than-Honorable (OTH) Discharge

Not automatically eligible, but the VA can make a “Character of Discharge” determination on a case-by-case basis. If you have an OTH discharge, contact us anyway, there may be a path forward, especially for service-connected conditions.

Bad Conduct / Dishonorable Discharge

Generally bars VA benefits under 38 CFR §3.12(d). Exceptions exist for insanity at the time of the offense. If this applies to you, an attorney may be the better path.

A veteran receiving medical treatment at a VA health care clinic

Less-Than-Honorable? You May Still Qualify for Chapter 17 Health Care

Here is the part most veterans are never told. If you have an Other-Than-Honorable (OTH) discharge, you may not qualify for a monthly compensation check right now, but that does not mean the VA door is closed. Under Chapter 17 of Title 38 (38 U.S.C. §1710 and 38 CFR §3.360), the VA can provide health care and treatment for a disability that was incurred or aggravated in the line of duty, even with a bad-paper discharge.

Chapter 17 is treatment only, it pays for care, not a monthly monetary benefit. But it gets you in the system, gets your conditions documented by VA doctors, and builds the exact medical record you will need if you later upgrade your discharge. Think of it as a foot in the door.

What Chapter 17 Actually Covers

What Chapter 17 Actually Covers

VA medical care and treatment for any condition incurred or aggravated in the line of duty during a qualifying period of service, exams, mental health care, medication, and hospital treatment. It is care, not cash.

The Character-of-Discharge Determination

The Character-of-Discharge Determination

To unlock Chapter 17, the VA makes an administrative Character-of-Discharge (COD) decision under §3.360. If it finds the service was not dishonorable, treatment can be authorized for line-of-duty conditions. This is decided separately from any compensation claim.

The Statutory Bars That Still Block It

The Statutory Bars That Still Block It

A few conditions under §3.12(c) bar even Chapter 17, discharge by general court-martial, desertion, conscientious objection with refusal to serve, or AWOL for more than 180 continuous days. If none of these apply to you, Chapter 17 is very much on the table.

Special Rule for Mental Health

Special Rule for Mental Health

The VA can provide Chapter 17 mental health care for conditions like PTSD, even before a full COD determination, when the condition is tied to service. If invisible wounds contributed to your discharge, tell us, this is often the fastest path to care.

A veteran's DD-214 and discharge upgrade paperwork laid out for review

How to Request a Discharge Upgrade, A Do-It-Yourself Guide

You do not need a lawyer to ask for a discharge upgrade, and you do not need our permission. Below is the full process, spelled out, so you can do it yourself. If your discharge is upgraded, you can go from Chapter 17 treatment-only all the way to full monthly compensation (more on that below).

The first thing to nail down is which board hears your case and which form you file. There are two, and picking the right one matters.

DD Form 293, Discharge Review Board (DRB)

DD Form 293, Discharge Review Board (DRB)

Use this if your discharge was within the last 15 years and did NOT come from a general court-martial. File DD Form 293 with your branch's Discharge Review Board. The DRB reviews the characterization of your discharge under 10 U.S.C. §1553. Download DD 293 free from the official DoD forms site (esd.whs.mil).

DD Form 149, Correction of Military Records (BCMR/BCNR)

DD Form 149, Correction of Military Records (BCMR/BCNR)

Use this if your discharge is OLDER than 15 years, if the DRB already denied you, or if your case involves medical, PTSD, TBI, or MST issues. File DD Form 149 with your branch's Board for Correction of Military Records under 10 U.S.C. §1552. It has no strict 15-year limit and can also correct pay and records.

The Step-by-Step Process

1

Gather Your Records

Pull your DD-214 and your full military personnel and medical file. If you do not have them, request them free using Standard Form 180 (SF-180) or through the National Archives (archives.gov/veterans). Also gather any VA rating decisions and civilian medical records, these matter.

2

Choose and Download the Right Form

Within 15 years and no general court-martial, use DD Form 293. Older than 15 years, previously denied, or a medical/PTSD/MST case, use DD Form 149. Download the current version free from esd.whs.mil/Directives/forms. Do not pay any website for these forms.

3

Fill Out the Form Carefully

Enter your identifying and service information exactly as it appears on your DD-214. In the section that asks what change you want, state plainly: you are requesting an upgrade of your discharge characterization (for example, from Other-Than-Honorable to Honorable or General). Sign and date it. Attach continuation pages if you need more room.

4

Write Your Personal Statement and Cite the Memos

This is the heart of your application. Tell your story: what happened, and if a service-connected condition (PTSD, TBI, MST, depression) contributed to the misconduct, say so directly. Explicitly ask the board to apply liberal consideration under the Hagel (2014), Kurta (2017), and Wilkie (2018) memos, which direct boards to give mental-health-related cases a thumb on the scale.

5

Attach Your Supporting Evidence

Include medical evaluations, VA disability ratings, buddy statements, character references, and proof of post-service rehabilitation (work, school, treatment, community service). Under Kurta, boards must consider civilian medical evidence, even if you were never diagnosed while in service.

6

Mail It to the Correct Board and Track It

Send the completed form and evidence to your specific branch's review board, the mailing address is printed right on DD Form 293 and DD Form 149, and listed on the Army (arba.army.pentagon.mil), Navy/Marine Corps (BCNR), Air Force, and Coast Guard board websites. Keep a full copy. The DRB is generally faster; the BCMR typically takes 12 to 18 months. If you are denied, you can often reapply with new evidence.

The Quick Win: From Chapter 17 Treatment to a Full Monthly Check

Let us spell this out plainly, because it is the whole point. Say you are a veteran with an OTH discharge and you are currently getting Chapter 17 treatment only, care, but no monthly money. If you file for a discharge upgrade and the board grants it, your character of discharge changes to Honorable or General.

Once that happens, the statutory bar is gone. You can then file a supplemental claim with the VA (with your upgrade paperwork attached), and the same service-connected conditions the VA has already been treating you for under Chapter 17 can now be rated for full monthly monetary compensation, the actual disability check, plus every other benefit an eligible veteran receives. The medical record built during your treatment-only years becomes the evidence that proves your claim.

In other words: treatment now, and a real possibility of the full monthly amount later. That is why we tell every OTH veteran, do not walk away. There may be doors in that wall, and we will help you find them.

Where We May Not Be the Right Fit

You are filing a brand-new first claim the VA has not yet decided

Federal regulation prohibits us from charging a fee for initial claims. We cannot represent you on contingency until the VA has issued at least one decision. However, the flat-fee Mission 5 Intelligence Brief can give you a forensic analysis of your file before you file.

You are already under an active contract with another agent or attorney

You cannot have two representatives at the same time. If you want to switch to us, we can guide you through the revocation process using VA Form 21-22a.

You are not willing to seek continuous medical care or submit statements

Evidence wins claims. If you are not in active treatment and not willing to provide the documentation we identify as necessary, we cannot build the case.

Your case requires the Court of Appeals for Veterans Claims (CAVC)

An accredited claims agent has authority up through the Board of Veterans' Appeals. The Court of Appeals for Veterans Claims has its own admission rules, separate from VA accreditation. If your case needs to go to court, we will tell you plainly and make sure you are connected to the right representation.

A veteran during an active medical appointment, current treatment records are the foundation of a VA claim

What “Active Medical Treatment” Means

This is not a technicality, it is the foundation of your claim. Current medical records are the single most important category of evidence in any VA disability claim. Keeping that treatment going is your part of the work, and no representative can do it for you. Here is what “active treatment” looks like:

Regular appointments with your primary care provider for each claimed condition
Specialist visits where appropriate (orthopedic, neurological, psychiatric, pulmonary)
Documented symptom reports at each visit, tell your doctor exactly how bad your worst days are
Prescription medication records showing ongoing treatment
Mental health counseling or therapy sessions if claiming PTSD, anxiety, or depression
Diagnostic testing (MRI, X-ray, sleep study, pulmonary function) when clinically indicated

The VA rates what is documented, not what you feel. If your condition has worsened but your records do not reflect it, the C&P examiner has nothing to measure against. We identify evidence gaps and tell you exactly what documentation to build before we file.

A veteran meeting with an accredited claims advocate at the start of the intake process

What Happens After You Contact Us

Here is the intake process from first contact to representation. Nothing on this list happens until you start it, and each step moves only as fast as you send what we ask for. Have your DD-214, your latest rating decision or denial letter, and a list of your current conditions within reach before you call, and we can get through the first steps in a single conversation instead of three.

1

Initial Contact

Day 1

You submit your information through our intake form, call us at 702-992-4883, or email [email protected]. Alyssa, our New Client Coordinator, confirms receipt.

2

Accredited Review

Within 48 Hours

An accredited agent personally reviews your submission, your denial letter, service history, and current rating. This is not a sales call. We are looking at your file to determine whether we can actually help.

3

Honest Assessment

Day 2–3

We contact you with a straight answer: what we see in your file, whether we believe we can improve your outcome, and which appeal lane fits your situation. If we are not the right fit, we tell you.

4

Formalization

Day 3–7

If we move forward, you sign VA Form 21-22a (appointing us as your accredited representative) and the fee agreement. A copy is filed with the VA as required by 38 CFR §14.636.

5

Forensic Analysis Begins

Week 2+

We pull your complete claims file and begin the structured evidence analysis, identifying every error, evidence gap, and strategic opportunity in your case.

Not Ready for Full Representation?

The Mission 5 Intelligence Brief ($750 flat fee) is available to any veteran, including those filing initial claims. It delivers a 7-section forensic file review in 7 days plus a 45-minute strategy call. You can use it yourself, take it to a VSO, or bring it back to us for full representation.

Learn About the M5 Brief →

Not Sure? Ask Anyway.

An accredited agent personally reviews every request honestly. If we are not the right fit, we will tell you, and point you in the right direction. No sales pitch. No runaround.

Questions & Answers

Do You Qualify?, Common Questions

These are the questions veterans ask me before they decide whether they even have a claim. Too many talk themselves out of filing for the wrong reasons. The answers below cover the most common reasons veterans think they are out. Your part is to read them before you decide you do not qualify.

Who do you actually represent?
We focus on veterans who were denied or under-rated and need someone to fight the decision, supplemental claims, Higher-Level Reviews, Board appeals, CUE, effective-date disputes, secondary conditions, and rating increases. If the VA got it wrong, that is our lane.
Do you help with brand-new initial claims?
Our representation is built around post-adjudication work, fixing wrong decisions. For a first-time initial filing, a VSO can file for free, and we will happily point you there. Once a decision comes back denied or under-rated, that is when our forensic approach delivers the most value.
I am already working with another representative. Can I switch to you?
A veteran may only have one accredited representative at a time. You would need to revoke your current representation first. We will not interfere with an existing relationship, but if you formally end it, we can discuss taking your case.
What discharge status do I need to qualify?
Generally, an honorable or general (under honorable conditions) discharge preserves eligibility for VA benefits. Other-than-honorable and bad-conduct discharges are more complicated and sometimes require a character-of-discharge determination. Tell us your situation and we will give you a straight answer.
I have an Other-Than-Honorable discharge. Can I still get any VA help?
Possibly, yes. Even without a monthly compensation check, you may qualify for VA health care and treatment under Chapter 17 (38 U.S.C. §1710 and 38 CFR §3.360) for conditions incurred in the line of duty, as long as no statutory bar applies. It is treatment, not cash, but it gets you into the system and documents your conditions. See the Chapter 17 section above.
Can I request a discharge upgrade myself, and what does it take?
Yes, you can do it on your own. If your discharge was within the last 15 years and not from a general court-martial, file DD Form 293 with your branch Discharge Review Board. If it is older than 15 years or involves PTSD, TBI, or MST, file DD Form 149 with the Board for Correction of Military Records. Both forms are free from esd.whs.mil. Ask the board to apply liberal consideration under the Hagel, Kurta, and Wilkie memos. The full step-by-step is spelled out above.
If my discharge is upgraded, can I get the full monthly payment?
That is the goal. Once the board upgrades your character of discharge, the bar is lifted. You can file a supplemental claim with your upgrade paperwork, and the same conditions the VA has been treating under Chapter 17 can then be rated for full monthly monetary compensation, plus other benefits. Treatment now can turn into a real disability check later.
My claim was denied years ago. Is it too late?
Usually not. Old denials can be reopened with new and relevant evidence, attacked through CUE for clear and unmistakable error, or revisited for an earlier effective date. Time that has passed can actually mean more retroactive back pay is on the table, not less.
Does it cost anything to find out if I qualify?
No. An accredited agent personally reviews every request for free. If we are not the right fit, we will tell you honestly and point you in the right direction, no sales pitch, no runaround.
What if I am not ready for full representation?
The Mission 5 Intelligence Brief ($750 flat) is open to any veteran, including those filing initial claims. It gives you a 7-section forensic review and a strategy call you can use yourself, take to a VSO, or bring back to us.
Interactive Tool

The Legal Test Behind Every Case We Take

Before we accept a case, we confirm the file can prove all three elements of service connection. Here is the standard we hold your claim to. A current diagnosis, an in-service event, injury, or exposure, and a medical link between them. If one is missing, I will tell you which one and what it takes to close the gap, before you sign anything. Walk through the test below and be honest with yourself about what your records actually show.

Accredited claims agent explaining the service connection standard to a veteran
The Foundation of Every Claim

The Three Foundations of Direct Service Connection

For direct service connection, the record generally must establish all three. Presumptive, secondary, aggravation, increased-rating, TDIU, and SMC claims follow different or additional standards.

Foundation 1

Current Diagnosis

A present, medically documented condition. In most cases a current diagnosis is the clearest foundation, the VA rarely rates a condition it has not confirmed. Narrow legal exceptions exist, but ‘I think I have it’ is not an evidence strategy.

Foundation 2

In-Service Event or Exposure

An injury, illness, event, or toxic exposure that occurred (or was aggravated) during active service, shown in records, or presumed under the PACT Act.

Foundation 3

The Connection (Nexus)

For direct service connection, the record generally must link the condition to service. Sometimes that requires a medical nexus stating it is “at least as likely as not” (50% or greater). In other cases, federal law supplies a presumption or another legal route.

Diagnosis+Service Event+NexusSERVICE CONNECTED
The Veterans We Fight For

Real Veterans. Real Claims. Real Outcomes.

Every case on this desk belongs to someone who served. These are the veterans this practice represents, across every era, branch, and condition: the Vietnam vet who was told it was too late, the Gulf War vet the system called a mystery, the young veteran who walked out of a five minute exam with a zero. Different stories, same fight. The record decides the claim, so we build the record.

A veteran researching her claim options online
Veteran Representation
Three veterans of different eras and backgrounds standing together
Veteran Representation
A veteran working through a physical therapy session
Veteran Representation
Official VA Video Library · Government Produced

How VA Compensation Works, What We Help You Fight For

These official VA explainers cover how disability compensation and the claim exam work. They set the baseline for the claims and appeals our accredited agent represents. To be paid, a condition needs a current diagnosis, an in-service event or exposure, and a nexus between them, and your character of discharge must not bar benefits. Watch both, then check your own records against each requirement before you decide you do not qualify.

How VA Disability Compensation Works

How VA Disability Compensation Works

How Your Combined Rating Is Calculated

How Your Combined Rating Is Calculated

A veteran marking his appointment dates on a kitchen wall calendar
Your responsibility as a veteran

Your Part in This Is Not Optional

I will be straight with you. No advocate on earth can win a claim for a veteran who will not do his or her part. The VA decides on the record, and you are the only person who can build the medical side of that record. We do the legal and forensic work. You do yours. Here is what that means, every single time:

  • See a doctor and get every symptom written into your medical record. If it is not on paper, the VA treats it as if it never happened.
  • Keep a symptom journal. Dates, flare-ups, missed work, the nights you did not sleep. That is the evidence of how this condition actually runs your life.
  • Answer every VA letter and every request for evidence before the deadline. Silence gets claims denied.
  • Show up to your C&P exam and describe your worst days honestly. Do not tough it out in that room. Do not exaggerate either.

You do your job and we will do ours. That is how claims get won.

Choose Your Service

The Three Services

We offer three completely separate services, kept distinct on purpose so you know exactly what you are buying, what it costs, and how it is paid. These are not tiers of one agreement, you choose the single option that fits your situation.

Two are contingency representation with no cost up front; they differ by how hard the case is and how the fee gets paid. The third is a flat-fee forensic report for the veteran who wants to fight the claim himself.

An accredited claims agent and a veteran reviewing a clean, single-issue appeal together
Option 1

Standard Direct-Pay Representation

20% of back pay

No cost up front, nothing out of pocket. The VA withholds our fee and pays us directly under §14.636(h). Best for cleaner, more recent, single-issue denials, routine higher-level reviews, supplemental claims, and rating increases, carried all the way to the Board of Veterans’ Appeals.

See full details
An advocate reviewing a veteran's decade-deep claims file
Option 2

High-Complexity Representation

30% of back pay

For high-complexity cases, long claim histories, prior Board denials, CUE, complex effective-date and TDIU fights, multi-issue toxic exposure. Still no cost up front. Because the VA pays a rep only up to 20% directly, the VA sends your full retro to you and we invoice you directly for the 30%. Lawful, but never entered into lightly.

See full details
A forensic file audit in progress
Option 3

Mission 5 Intelligence Brief

$750 flat

A standalone forensic file review and written road map, not representation. For the veteran with a tough, older case who wants to fight it himself and keep 100% of his back pay. We audit your file, show you every error, and hand you the plan. Available only to veterans who already have a VA decision.

See full details

The exact contingency percentage on your case is set in a written agreement by the complexity of the work, always within the maximum the law allows. Federal-court litigation, if it is ever needed, is a separate, pre-agreed arrangement.

A veteran shaking hands with his VA-accredited claims agent after reviewing his claim
Denied or under-rated?

Talk to a VA-accredited claims agent about your claim

Albert L. Thombs Jr. is a US Army veteran, VA-Accredited Claims Agent #45147, and 100% service-connected himself. He personally reviews every request. Fees are capped by 38 CFR §14.636, and there are no fees on representation unless you win.

702-992-4883

Mon–Fri, 11AM–6PM Pacific

Questions are always free. The Mission 5 Brief is $750 flat.