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Military-Veterans Advocacy Newsletter – Fall 2026

The Fall 2026 edition of View From the Bridge, the Military-Veterans Advocacy newsletter, highlights MVA’s continuing work on behalf of veterans, service members and military families.

This issue includes new resources for veterans who served in Okinawa and believe they were exposed to Agent Orange or other herbicides, an update on MVA’s partnership with the National Association of Atomic Veterans and a look at recent advocacy on Capitol Hill.

Inside This Issue

  • New Okinawa herbicide-exposure resources: Learn about a public archive containing 70 successful Board of Veterans’ Appeals decisions involving veterans who established service connections related to herbicide exposure in Okinawa.
  • A message from Chairman Jim Kuiken: Read about MVA’s recent work on Capitol Hill, fundraising initiatives and efforts to build relationships with strategic partners and sponsors.
  • Supporting Atomic Veterans: MVA Executive Director John B. Wells shares an update from the National Association of Atomic Veterans’ 2026 Annual Convention in Rapid City, South Dakota.
  • Advocacy in action: See photographs from MVA’s recent meetings and outreach in Washington, D.C.
  • Veterans Law CLE Seminar: Find information about the December 7, 2026 Continuing Legal Education program covering Veterans Benefits Law.
  • Welcome to the team: Meet Devlan Melancon Sr., Esq., a Marine Corps veteran and attorney whose experience includes veterans law, criminal law and civil litigation.
  • Fundraising and organizational news: Get updates on the Double Down campaign, the 2026 Riff-Raff Raffle and other ways to support MVA’s mission.
  • Recognition and remembrance: MVA expresses its gratitude for the service of Mike Yates and Brian Lewis.

Read the Newsletter

Explore the full Fall 2026 issue of View From the Bridge for these stories, photographs, upcoming events and additional MVA updates.

Read the Full Fall 2026 Newsletter

Support MVA’s Mission

Military-Veterans Advocacy works through litigation, legislation and education to protect veterans’ earned rights and improve access to benefits. This work is made possible by members, donors, sponsors and advocates who believe in the mission.

 

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John Wells Addresses National Association of Atomic Veterans Convention

Military-Veterans Advocacy Executive Director John B. Wells recently addressed members of the National Association of Atomic Veterans during the organization’s 2026 Annual Convention in Rapid City, South Dakota.

Held August 20–22, the convention brought together Atomic Veterans, their families and advocates committed to securing recognition, benefits and support for those exposed to ionizing radiation during military service. Wells spoke during the convention’s Saturday evening banquet.

A Longstanding Partnership

Wells’ appearance continued MVA’s longstanding relationship with the National Association of Atomic Veterans and its members.

The two organizations have worked together to advocate for veterans exposed to radiation during military cleanup and response missions, including those who served at:

  • Enewetak Atoll in the Marshall Islands
  • Palomares, Spain
  • Thule Air Force Base in Greenland

For decades, many veterans involved in these missions struggled to obtain acknowledgment of their exposure and access to related benefits.

Recognition Under the PACT Act

Many affected veterans ultimately gained expanded recognition under the Sergeant First Class Heath Robinson Honoring our Promise to Address Comprehensive Toxics Act of 2022, commonly known as the PACT Act.

The law expanded eligibility for certain veterans exposed to toxic substances and radiation during military service. The Department of Veterans Affairs now presumes radiation exposure for qualifying veterans who participated in designated response and cleanup missions.

Before the PACT Act became law, MVA supported efforts such as the Mark Takai Atomic Veterans Healthcare Parity Act. That legislation sought to extend radiation-exposed veteran status and presumptive benefits to veterans involved in nuclear cleanup operations.

These changes represent meaningful progress for veterans who spent years seeking recognition of the risks they faced while serving their country.

Honoring the Persistence of Atomic Veterans

The NAAV convention offered an opportunity to recognize veterans whose exposure occurred decades ago but whose fight for acknowledgment and benefits continued throughout much of their lives.

“NAAV has never stopped fighting for veterans whose radiation exposure was overlooked for far too long,” Wells said. “MVA is proud of the work we have done alongside NAAV to help secure recognition and benefits for veterans who served at Enewetak, Palomares and Thule. Those victories matter, but our work is not finished.”

Atomic Veterans and their families have played a critical role in bringing these experiences to public attention. Their testimony, records and persistence have helped create greater awareness of the long-term health effects associated with military radiation exposure.

Continuing the Fight for Radiation-Exposed Veterans

Although important progress has been made, some veterans still face barriers when seeking recognition and benefits connected to radiation exposure.

Military-Veterans Advocacy remains committed to working alongside NAAV and other veterans organizations to:

  • Raise awareness of military radiation exposure
  • Protect existing benefits and presumptions
  • Address gaps in eligibility
  • Educate veterans and their families
  • Advocate for legislative and policy reforms
  • Ensure overlooked veterans are included in future protections

Partnerships between advocacy organizations allow veterans’ voices to reach more lawmakers, policymakers and members of the public. They also strengthen the collective effort to protect the benefits veterans earned through service.

MVA is honored to continue standing with the National Association of Atomic Veterans and its members.

Learn more about MVA’s toxic-exposure advocacy.

Support Military-Veterans Advocacy.

This article is provided for general informational purposes and does not constitute legal advice. Eligibility for VA benefits depends on the facts and evidence of each individual claim.

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New Resources for Veterans Pursuing Okinawa Agent Orange Claims

Veterans who served in Okinawa and believe they were exposed to Agent Orange or other herbicides may have important new information available to support their research.

Journalist and author Jon Mitchell, who has investigated herbicide use in Okinawa for more than 15 years, recently reviewed Board of Veterans’ Appeals decisions involving veterans who claimed herbicide exposure while stationed in Okinawa.

His investigation identified 70 cases in which veterans were awarded service connection for conditions related to herbicide exposure.

What the Decisions May Show

The Board of Veterans’ Appeals evaluates each claim according to its individual facts and evidence. Its decisions can offer insight into the types of documentation that helped other veterans establish service connection.

Evidence referenced in successful claims may include:

  • Military service and personnel records
  • Unit histories and duty assignments
  • Statements describing the location and circumstances of exposure
  • Photographs, maps or historical documentation
  • Medical records identifying a diagnosed condition
  • Medical opinions connecting an illness to military service
  • Testimony from fellow service members or other witnesses

A previous Board decision does not guarantee that another veteran’s claim will be approved. Board decisions are generally specific to the individual case and are not binding precedent for other claims. However, reviewing successful cases may help veterans and their advocates understand how evidence has been presented and evaluated.

A Public Archive of 70 Successful Decisions

Mitchell created a public archive containing the 70 successful Board of Veterans’ Appeals decisions identified through his research.

The archive organizes decisions by factors such as location, exposure pathway and illness. This makes it easier for veterans and advocates to locate cases involving circumstances that may resemble their own service.

Veterans may use the archive to research:

  • Locations in Okinawa associated with claimed herbicide exposure
  • How exposure was described or documented
  • Medical conditions involved in successful claims
  • Supporting evidence considered by the Board
  • Patterns among previously approved claims

Review the Public Archive of BVA Service-Connection Awards for Okinawa Agent Orange Exposures

Investigative Reporting from the Okinawa Times

Mitchell’s findings were also published by the Okinawa Times in two English-language investigations.

The reports examine the increase in successful compensation claims involving Okinawa service and document veterans’ accounts of herbicide use and its environmental effects.

The resources include:

  • Surge in U.S. Veterans Winning Agent Orange Compensation for Okinawa Service — Women Now Among Successful Claims
  • From Naha to the Yanbaru: Veterans’ Testimonies Detail Environmental Impact of Agent Orange Use in Okinawa

These investigations provide additional historical context and may help veterans identify information relevant to their own research.

What Veterans Can Do

Veterans pursuing an Okinawa herbicide-exposure claim should gather as much information as possible about their service, location, duties, potential exposure and diagnosed medical conditions.

Helpful steps may include:

  1. Requesting complete military personnel and service records
  2. Identifying specific bases, facilities and dates of service in Okinawa
  3. Gathering medical records and information about diagnosed conditions
  4. Locating statements from fellow service members who witnessed relevant events
  5. Reviewing similar cases in the public archive
  6.  Consulting an accredited veterans service officer, claims agent or attorney for guidance

Veterans should not assume that a denial ends the process. Depending on the circumstances, additional evidence or an appropriate appeal option may be available.

MVA’s Continuing Advocacy for Okinawa Veterans

Military-Veterans Advocacy has long advocated for veterans exposed to toxic substances during military service. MVA continues working on behalf of veterans who served in Okinawa and supports broader recognition of herbicide exposure in locations that remain excluded from current presumptive policies.

Veterans who served in Okinawa are encouraged to review these resources and share them with others who may benefit.

Learn more about MVA’s toxic-exposure advocacy.

Support Military-Veterans Advocacy.

This article is provided for general informational purposes and does not constitute legal advice. Every VA benefits claim depends on its individual facts and evidence.

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Could Gulf War Illness Become Its Own VA Disability?

More than three decades after the Persian Gulf War, veterans are still seeking clearer recognition of the chronic health problems that followed them home.

Veterans and advocates are now urging the Department of Veterans Affairs to recognize Gulf War Illness as its own condition within the VA Schedule for Rating Disabilities. The effort follows an important medical development: Gulf War Illness received its own diagnostic code in October 2025.

A distinct VA disability rating has not been established. The current effort is an advocacy initiative, not a finalized VA policy change.

What Is Gulf War Illness?

Gulf War Illness is a chronic multisymptom condition affecting some veterans who served in the Persian Gulf.

Its symptoms can vary significantly and may affect multiple systems within the body. Reported symptoms can include:

  • Persistent fatigue
  • Muscle and joint pain
  • Headaches
  • Memory and concentration problems
  • Sleep disturbances
  • Gastrointestinal symptoms
  • Respiratory problems
  • Skin conditions
  • Neurological symptoms

Approximately 700,000 U.S. service members deployed during Operations Desert Shield and Desert Storm. VA recognizes that medically unexplained illnesses—commonly referred to as Gulf War Illness or chronic multisymptom illness—remain a significant concern for some Gulf War veterans.

How VA Currently Evaluates Gulf War Illness

VA already provides benefits for certain disabilities associated with qualifying Gulf War service.

Eligible veterans may receive disability compensation for certain undiagnosed illnesses and medically unexplained chronic multisymptom illnesses. Veterans may also qualify for benefits related to recognized presumptive conditions.

However, there is not currently a single VA disability rating specifically titled “Gulf War Illness.” A veteran’s symptoms and diagnosed conditions may instead be evaluated under existing diagnostic categories and presumptive-benefit rules.

Advocates believe this approach does not fully reflect the way Gulf War Illness affects veterans.

Why a Specific Diagnostic Code Matters

The creation of a medical diagnostic code gives healthcare providers a standardized way to identify and document Gulf War Illness.

Advocates argue that the VA disability system should now take the next step by creating a clearer framework for evaluating veterans diagnosed with the condition.

A specific Gulf War Illness entry in the VA rating schedule could potentially address:

  • The diagnostic criteria required for VA purposes
  • The symptoms considered when assigning a rating
  • How disability percentages would be determined
  • How a Gulf War Illness rating would interact with existing ratings
  • Whether previously decided claims could be reviewed
  • How presumptive service-connection rules would apply

Those details would depend on future VA action. Veterans should not assume that a new rating or automatic benefit is currently available.

The Role of Toxic Exposure

Researchers have studied several possible contributors to Gulf War Illness, including pesticides, nerve-agent exposure, oil-well fires, medications, vaccines, airborne hazards and combinations of environmental exposures.

The absence of one universally accepted cause has complicated both medical research and veterans policy. It does not mean the symptoms experienced by Gulf War veterans are not real.

The PACT Act expanded benefits and healthcare eligibility for many veterans exposed to burn pits and other environmental hazards. It also changed the national conversation about how the government identifies and responds to toxic military exposures.

Recognition of Gulf War Illness as a distinct VA disability could become another important step in that continuing effort.

Veterans Do Not Need to Wait

Gulf War veterans experiencing chronic or unexplained symptoms should not wait for a possible future policy change before seeking assistance.

Veterans can:

  1. Discuss their symptoms and Gulf War service with a healthcare provider.
  2. Ask whether their condition should be documented as Gulf War Illness.
  3. Request a free Gulf War Registry health exam through VA.
  4. Review current presumptive conditions associated with Gulf War service.
  5. Gather military and medical records relevant to their symptoms.
  6. Consult an accredited veterans service officer, claims agent or attorney about available benefits.

The Gulf War Registry exam is separate from filing a disability claim. Participating in the registry does not automatically begin a claim for compensation.

Review VA Information About Gulf War Veterans’ Illnesses

Read the Original Gulf War Illness Report

MVA Will Continue Watching This Issue

Military-Veterans Advocacy supports continued research, recognition and meaningful policy responses for veterans affected by toxic exposure and service-connected illness.

MVA will continue monitoring developments involving Gulf War Illness and advocating for policies that provide veterans with a fair and understandable path to the benefits they earned.

Learn more about MVA’s toxic-exposure advocacy.

Support Military-Veterans Advocacy.

This article is provided for general informational purposes and does not constitute medical or legal advice. VA eligibility and disability determinations depend on the facts and evidence of each individual case.

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Why Navy Deck Logs Matter in VA Disability Claims

Military records can play an important role in establishing eligibility for veterans’ benefits. For some former Navy and Coast Guard personnel, deck logs may provide critical information about where a vessel operated and what occurred during a particular period.

This documentation can be especially important when a claim involves Blue Water Navy service, toxic exposure or another event that may not be fully described in a veteran’s individual service record.

What Is a Navy Deck Log?

A deck log is the official daily record maintained aboard a commissioned Navy or Coast Guard vessel.

Depending on the vessel and time period, a deck log may document:

  • The ship’s geographic position
  • Ports visited
  • Arrivals and departures
  • Courses and movements
  • Operational activities
  • Significant incidents
  • Personnel transfers
  • Weather and sea conditions
  • Other noteworthy events

Deck logs are generally ship records rather than individual personnel records. They may not identify every service member aboard or provide a complete account of every event. However, they can help document where a vessel was located on a particular date.

How Deck Logs Can Support a VA Claim

A veteran’s military personnel record may confirm assignment to a ship but contain limited information about the ship’s precise location.

When eligibility depends on service in a qualifying geographic area, that missing information can become important.

Deck logs may help establish:

  • That a ship operated within qualifying territorial waters
  • That a vessel entered a particular harbor or port
  • That a ship was present near a documented exposure location
  • That an incident occurred during the veteran’s period of assignment
  • That official ship activity is consistent with the veteran’s account

This documentation may be relevant to certain Blue Water Navy, Agent Orange, toxic-exposure and service-connection claims.

Deck Logs and Blue Water Navy Veterans

For many years, veterans who served aboard vessels offshore during the Vietnam War faced barriers when seeking benefits associated with herbicide exposure.

The Blue Water Navy Vietnam Veterans Act of 2019 expanded the presumption of herbicide exposure to certain veterans who served within defined offshore waters. Establishing that a ship entered a qualifying area may require historical location data.

Deck logs can help document a vessel’s position during the veteran’s period of service. Other evidence, including military personnel records and official ship histories, may also be necessary.

What Information Is Needed for a Search?

Before requesting deck-log research, veterans should gather as much information as possible.

Useful details include:

  • Full name of the vessel
  • Hull number, if known
  • Branch of service
  • Dates of assignment
  • Approximate date of the relevant event or location
  • Claimed exposure or incident
  • Copies of available service or personnel records

A narrow date range is generally easier to research than an entire deployment or several years of service.

Deck Logs Are One Part of the Evidence

Deck logs can be valuable, but they do not automatically establish entitlement to VA benefits.

A disability claim may also require:

  • Evidence of qualifying military service
  • A current diagnosed condition
  • Medical records
  • Evidence connecting the condition to military service
  • Statements from the veteran or fellow service members
  • Additional unit, ship or government records

The evidence needed depends on the benefit being requested and the facts of the individual case.

MVA Deck Log Research and Records Requests

Military-Veterans Advocacy assists veterans in obtaining U.S. Navy deck logs and other official military records that may help document qualifying service.

Veterans searching for Vietnam-era deck logs, Blue Water Navy records or documentation connected to a VA disability claim can submit a request through MVA’s website.

When completing the request, provide the most accurate ship and service information available. Specific dates, locations and vessel details can help focus the research.

Request Deck Log Research and Records

Preserving the Record of Military Service

Historical military records do more than document a ship’s movements. They can help ensure that veterans’ service is accurately recognized decades later.

MVA remains committed to helping veterans locate records, understand available resources and identify documentation that may be relevant to their pursuit of earned benefits.

Learn more about MVA’s work.

Support Military-Veterans Advocacy.

This article is provided for general informational purposes and does not constitute legal advice. The value of any record and eligibility for VA benefits depend on the facts and evidence of each individual claim.

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How to Verify a VA-Accredited Representative

Veterans seeking assistance with a VA disability claim may encounter companies promising faster approvals, higher ratings or substantial benefit increases.

Before signing an agreement or paying for assistance, verify that the person offering help is accredited by the Department of Veterans Affairs.

VA accreditation is intended to ensure that representatives understand the benefits process, meet federal requirements and remain accountable for their conduct.

Who Can Become VA Accredited?

VA may accredit:

  • Attorneys
  • Claims agents
  • Representatives of recognized veterans service organizations

Veterans service organization representatives often provide claims assistance at no cost. Accredited attorneys and claims agents may charge fees in certain circumstances permitted by federal law, generally after VA has issued an initial decision and the matter has entered a review or appeal stage.

A company name, professional-looking website or claim of “veteran expertise” does not establish VA accreditation.

Accreditation applies to an individual—not simply to the business employing that person.

How to Verify Accreditation

The VA Office of General Counsel maintains an online database of accredited attorneys, claims agents and veterans service organization representatives.

To check a representative:

  1. Open the VA accreditation search.
  2. Select the appropriate type of representative.
  3. Enter the individual’s name.
  4. Review the search results carefully.
  5. Confirm that the person’s location and contact information match the individual offering assistance.

Search the VA Accreditation Database

If the person does not appear in the database, ask for clarification before sharing records, signing an agreement or paying a fee.

Warning Signs to Watch For

Veterans should proceed cautiously when a company or consultant:

  • Guarantees a particular disability rating
  • Promises an approval or specific payment amount
  • Charges a large upfront fee
  • Demands a percentage or multiple of future benefits
  • Refuses to identify the accredited individual handling the claim
  • Pressures the veteran to sign immediately
  • Requests login credentials for a VA account
  • Directs the veteran to provide inaccurate or exaggerated information
  • Claims VA accreditation is unnecessary
  • Uses confusing contracts or does not clearly explain its fees

No representative can guarantee the outcome of a VA disability claim.

Understand the Fee Agreement

Before agreeing to paid representation, veterans should request a complete written explanation of:

  • The services being provided
  • The person responsible for the work
  • Whether that person is VA accredited
  • When fees will be charged
  • How the fee is calculated
  • Whether additional expenses may be assessed
  • How the agreement can be terminated
  • What happens if the claim is unsuccessful

Veterans should keep copies of all contracts, correspondence, invoices and records provided to the company.

A fee that is based on future benefits can become far more expensive than it initially appears.

Free Assistance May Be Available

Veterans may be able to receive free help with an initial VA claim through:

  • VA-accredited veterans service organizations
  • State and local veterans affairs offices
  • County or parish veterans service officers
  • Other recognized nonprofit organizations

Complex appeals and legal matters may require assistance from an accredited attorney or claims agent. Veterans should still verify accreditation and review the fee agreement before proceeding.

What Are “Claim Sharks”?

The term “claim shark” is commonly used by veterans advocates to describe unaccredited companies that charge veterans substantial fees for assistance with VA disability claims.

These businesses may describe their services as coaching, consulting, medical coordination or education rather than legal representation. Changing the label does not necessarily eliminate the risks.

Unaccredited companies may not be subject to the same training, oversight and accountability requirements as VA-accredited representatives.

Why MVA Is Addressing This Issue

Military-Veterans Advocacy has worked to protect veterans from predatory claims practices through litigation, legislation and public education.

In Military-Veterans Advocacy, Inc. v. Landry, a federal court struck down a Louisiana law that sought to authorize a state system for paid veterans’ claims consulting. The ruling reinforced the importance of federal standards governing claims representation.

Read About MVA’s Federal Court Victory in MVA v. Landry.

Veterans earned their benefits through service. They should not lose a significant portion of those benefits to an unqualified or unaccountable company.

Before paying anyone for VA claim assistance, verify the individual’s accreditation, understand the agreement and ask questions.

This article provides general educational information and does not constitute legal advice. Rules governing VA representation and fees depend on the circumstances of each matter.

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MVA Secures Major Federal Court Victory in MVA v. Landry

Military-Veterans Advocacy secured a major victory for veterans when a federal court struck down Louisiana’s Preserving Lawful Utilization of Services for Veterans Act, commonly known as the PLUS Act.

In Military-Veterans Advocacy, Inc. v. Landry, U.S. District Judge Brian A. Jackson granted summary judgment against the state, finding that key provisions of the law were unconstitutional.

The ruling reinforces the importance of federal standards governing who may assist veterans with VA disability claims and when fees may be charged.

What Was the Louisiana PLUS Act?

The Louisiana Legislature passed the PLUS Act in 2024.

The law sought to establish a state framework allowing private claims-consulting companies to charge veterans for assistance with VA disability claims. These companies may operate without the accreditation, training and oversight required of representatives formally recognized by the Department of Veterans Affairs.

Some claims consultants charge fees based on the additional benefits a veteran receives. Under the Louisiana law, those charges could reach thousands of dollars.

MVA challenged the law because veterans’ benefits representation is governed by federal law and because the state’s approach risked undermining protections created for veterans.

Why VA Accreditation Matters

VA-accredited attorneys, claims agents and veterans service organization representatives must meet federal requirements designed to protect veterans.

Accreditation helps ensure that representatives:

  • Understand the VA claims and appeals process
  • Meet applicable character and competency requirements
  • Follow federal rules governing representation
  • Remain accountable for their conduct
  • Comply with restrictions on when and how fees may be charged

Many accredited veterans service organizations provide initial claims assistance at no cost. Accredited attorneys and claims agents may generally charge fees only under circumstances permitted by federal law, often after VA has issued an initial decision and the matter has entered the review or appeals process.

Unaccredited consulting companies do not necessarily operate under the same standards or accountability.

What the Federal Court Decided

The court found that the Louisiana PLUS Act conflicted with federal law regulating assistance with veterans’ disability claims.

Judge Jackson ruled that federal law superseded the Louisiana statute under the Supremacy Clause of the United States Constitution. The court found that the state law interfered with Congress’s objective of ensuring that veterans have access to qualified representatives when pursuing VA benefits.

The court also found that a mandatory disclosure provision violated the First Amendment because it compelled speech without an adequate factual basis.

The disclosure required claims consultants and attorneys to tell clients that the same services were available at no cost through the Louisiana Department of Veterans Affairs or veterans service organizations. The court recognized that this statement did not accurately reflect every type of service, particularly complex legal representation involving appeals.

Why the Decision Matters for Veterans

Veterans seeking disability benefits are often navigating serious illnesses, financial strain and an extremely complicated claims system. They should be able to trust that individuals offering assistance are qualified, accountable and following federal law.

The ruling matters because it:

  • Reinforces federal oversight of veterans’ claims representation
  • Protects the role of VA accreditation
  • Challenges state efforts to authorize unaccredited claims consulting
  • Recognizes the difference between basic claims assistance and complex legal representation
  • Helps preserve safeguards intended to protect veterans from excessive fees and misleading practices

The decision does not eliminate unaccredited claims consulting nationwide. Enforcement gaps remain, and similar policy debates continue at both the state and federal levels.

MVA’s Continuing Fight Against Claim Sharks

MVA has worked to educate veterans and lawmakers about companies that charge large fees for assistance with disability claims while operating outside the VA accreditation system.

These companies are frequently called “claim sharks” by veterans advocates because their fees can consume a significant portion of the benefits awarded to a disabled veteran.

MVA supports strong protections for veterans, meaningful enforcement of federal standards and access to qualified assistance throughout the claims and appeals process.

Strategic Litigation Protects More Than One Veteran

MVA v. Landry demonstrates why systemic litigation is an important part of Military-Veterans Advocacy’s mission.

A court case addressing a state law or government policy can protect far more than a single claimant. It can clarify legal standards, prevent harmful practices and preserve safeguards for veterans across an entire jurisdiction.

MVA will continue using litigation, legislation and education to defend veterans’ earned rights and promote accountability within the benefits system.

[Read the Federal Court’s Ruling.]

Learn more about MVA’s litigation.

Support Military-Veterans Advocacy.

This article is provided for general informational purposes and does not constitute legal advice. Veterans seeking assistance with a VA claim should confirm that a representative is properly accredited and authorized to provide the requested services.

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Building a Toxic-Exposure Claim

What Evidence Can Support a VA Toxic-Exposure Claim?

Veterans exposed to burn pits, herbicides, radiation, contaminated water or other hazards during military service may be eligible for healthcare or disability benefits.

However, the evidence required for a VA toxic-exposure claim depends on the veteran’s service, diagnosed condition and whether the condition is covered by a legal presumption.

Understanding the different types of evidence can help veterans organize their records and identify information that may be missing.

The Three Basic Elements of Service Connection

For an original disability claim, VA generally looks for evidence showing:

  1. The veteran has a current physical or mental disability.
  2. An event, injury, illness or exposure occurred during military service.
  3. A connection exists between the current disability and the in-service event or exposure.

Medical and military records often provide this evidence. VA may also consider statements from the veteran, fellow service members, family members or others familiar with the circumstances.

Evidence of a Current Condition

A veteran should identify medical evidence documenting the illness or disability being claimed.

This may include:

  • VA medical records
  • Private treatment records
  • Physician reports
  • Diagnostic test results
  • Imaging or laboratory findings
  • Hospital records
  • Medication history
  • Records showing the severity and progression of symptoms

A current diagnosis can be especially important when a claim involves a specific disease associated with toxic exposure.

Veterans should provide VA with enough information to locate relevant federal records and authorize access to applicable private medical records.

Evidence of Military Service

Service records can help establish where and when a veteran served.

Relevant documents may include:

  • DD214 or other separation documents
  • Military personnel records
  • Service treatment records
  • Deployment orders
  • Travel records
  • Performance evaluations
  • Unit histories
  • Ship histories
  • Deck logs
  • Flight records
  • Base or installation assignments

The most useful records depend on the type and location of the claimed exposure.

For example, Navy deck logs may help establish that a vessel operated within a particular geographic area. Personnel records may document assignment to a base associated with environmental hazards.

Learn Why Navy Deck Logs Matter in VA Disability Claims.

Evidence Documenting the Exposure

Some military records may directly document exposure. In other cases, veterans may need to gather different sources that help establish where, when and how the exposure occurred.

Potential evidence may include:

  • Official military reports
  • Unit or command records
  • Environmental studies
  • Government investigations
  • Maps and historical photographs
  • Records of chemical storage, use or disposal
  • Incident reports
  • Scientific or medical research
  • News investigations
  • Statements from people who witnessed the conditions

The relevance and reliability of each item will depend on the claim.

A general report showing contamination at a military installation may provide useful background, but additional evidence may still be needed to establish that the veteran was present during the relevant period.

Statements from Veterans and Witnesses

VA may consider lay evidence, including written statements from the veteran or other people with firsthand knowledge.

These are often called buddy statements or witness statements.

A useful statement may explain:

  • Where the veteran served
  • The veteran’s duties
  • What the person personally observed
  • How the exposure occurred
  • When symptoms began
  • Changes in the veteran’s health or functioning
  • Whether symptoms continued after service

Statements should be specific, accurate and limited to what the person personally knows. VA Form 21-10210 may be used for a formal lay or witness statement.

Medical Evidence Connecting the Condition to Service

When a condition is not legally presumed to be service connected, VA may require evidence linking the veteran’s current disability to military service.

This evidence may include medical records or an opinion from a qualified healthcare provider.

A medical opinion is generally more useful when the provider:

  • Reviews relevant military and medical records
  • Identifies the diagnosed condition
  • Discusses the veteran’s reported exposure
  • Explains the medical reasoning behind the conclusion
  • Addresses other potential causes
  • Cites relevant research when appropriate

A brief conclusion without supporting reasoning may carry less weight than a detailed opinion based on an accurate factual record.

Presumptive Conditions

For certain conditions and qualifying service, federal law allows VA to presume that the disability is related to military service.

In a presumptive claim, a veteran may not need to prove the medical connection between the exposure and diagnosed condition. The veteran will generally still need evidence showing:

  • A diagnosis and the severity of the condition
  • Qualifying military service meeting the requirements of the presumption

Presumptive benefits may apply to certain conditions associated with Agent Orange, burn pits, Gulf War service, Camp Lejeune water contamination, mustard gas or ionizing radiation.

Eligibility requirements vary. Veterans should review the current rules applicable to their service and condition.

Environmental Health Registries

VA maintains environmental health registries for veterans with certain military exposures.

A registry examination can help document health concerns and connect veterans with information about possible exposures. However, a registry examination is separate from filing a disability compensation claim and does not automatically establish entitlement to benefits.

Veterans should not assume that joining a registry files a claim on their behalf.

If Service Records Are Incomplete

Records may be missing, incomplete or unavailable decades after military service.

When this happens, veterans may be able to identify alternative evidence, such as:

  • Letters written during service
  • Photographs
  • Travel documents
  • Awards or performance evaluations
  • Statements from fellow service members
  • Historical unit or ship records
  • Archived government reports
  • Personal calendars or journals

Veterans should explain missing records and provide as much identifying information as possible to help locate alternative sources.

Start by Organizing the Evidence

A useful first step is creating a timeline containing:

  • Dates and locations of military service
  • Units, ships or installations
  • Duties and potential exposure events
  • The onset of symptoms
  • Medical diagnoses and treatment
  • Prior VA claims or decisions
  • Records already obtained
  • Records that still need to be requested

This timeline can help the veteran, an accredited representative and VA understand the claim more clearly.

Review VA’s Evidence Requirements for Disability Claims

MVA’s Work on Toxic Exposure

Military-Veterans Advocacy works to address systemic barriers affecting veterans exposed to hazardous substances during military service.

Through litigation, legislation, research and education, MVA advocates for policies that recognize exposure, improve access to benefits and ensure veterans’ claims receive fair consideration.

Explore MVA’s toxic-exposure advocacy.

Read the Okinawa Agent Orange Resources.

Learn about Gulf War Illness and VA disability.

This article provides general educational information and does not constitute legal or medical advice. Evidence requirements and eligibility depend on the facts of each individual claim and current VA rules.

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