rocky-mountain-veterans-advocacy-project

How to Be Successful at Your VA C&P Exam

Fri, 22 Aug 2025 14:00:00 GMT

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One of the most important steps in the VA disability process is the Compensation & Pension (C&P) exam. It isn’t treatment, it isn’t therapy, and it isn’t optional if you want your claim decided. It’s the VA’s way of gathering evidence, and the report that comes out of it will weigh heavily in your case. Too often, veterans walk into these exams unprepared and end up with a report that doesn’t match the reality of what they’re living with.

Here’s how to make sure your condition is documented fairly and accurately.

What a C&P Exam Really Is

The examiner isn’t there to provide medical care or to advocate for you. Their only job is to answer the VA’s questions: do you have the condition, how severe is it, and is it connected to your service? Some examiners are thorough and others aren’t, but either way, you need to make sure your voice is heard.

How to Prepare Before the Exam

1. Review your records. Don’t assume the examiner has read your file in detail. If your condition started in service, know where that’s documented so you can point to it if needed.

2. Track your symptoms. Keep a written log of how often symptoms occur, how long they last, and how they affect your daily life. Trying to recall everything on the spot usually leads to missing important details.

3. Understand the rating criteria. The VA uses specific standards when rating disabilities. If you know what they’re measuring (like how often panic attacks happen, or how far you can bend before pain stops you) you’ll be better prepared to explain your symptoms in a way that matches their framework.

4. Write a list. Bring a simple checklist of the points you want to cover. It’s easy to forget details in the stress of an exam.

5. Gather supporting statements. Spouses, family members, or close friends often see the day-to-day impact better than anyone else. Their written statements can be strong supporting evidence.

During the Exam

● Be honest and thorough. Veterans often downplay symptoms out of habit, but this is the time to describe the full picture. If your condition fluctuates, don’t just talk about how you feel that day - explain the range of what you experience, including your most difficult days.

● Stick to the facts. Don’t guess, don’t speculate, and don’t exaggerate. If you don’t remember something, say so. If you’ve experienced something repeatedly, explain it clearly.

● Bring a spouse or caregiver if allowed. Someone who sees you every day can help explain the impact of your condition. If they can’t be present, their statement should still be submitted.

● Stay focused. This exam isn’t the time to air frustrations about the VA. As justified as that frustration may be, it won’t help your case. Stick to your condition and how it affects your daily life.

After the Exam

You’re entitled to request a copy of your C&P report, and you should. Review it carefully. If it leaves out important information, misstates what you said, or doesn’t reflect the reality you described, that can be challenged. You can submit a statement clarifying the record, provide additional evidence, or in some cases request a new exam.

Final Thoughts

The C&P exam can feel like just another box to check, but it’s one of the most important pieces of your claim. Go in prepared, make sure you fully explain the reality of your condition, and don’t leave anything important unsaid.

We’ve guided countless veterans through this process, and the difference between a successful exam and a bad one often comes down to preparation. If your claim was denied after an exam that didn’t reflect your true condition, don’t give up. That’s where appeals come in, and we know how to fight those battles.

How to write a Personal Statement

Mon, 18 Aug 2025 16:42:45 GMT

Writing a VA Personal Statement That Actually Works

If you’ve been around the VA claims system long enough, you already know they don’t make anything easy. One of the most overlooked parts of a claim is the personal statement, officially the VA Form 21-4138, “ Statement in Support of Claim .” Sounds simple enough, right? Write down your story, send it in, and get justice. But here’s the truth: most vets screw this up because they treat it like a rant instead of evidence. The VA loves it when you make their job easier by being vague.

Let’s break down what the VA is actually looking for, how to structure it, and then I’ll give you a sample statement so you can see what works in real life.

What the VA Requires

First things first, you have to use VA Form 21-4138 . That’s the official form for a personal statement. You can find it on VA’s website, print it out, or fill it in online. Don’t bother with fancy legal jargon or trying to play doctor. What they want to see is:

A timeline. Show when your condition started and how it has gotten worse.
The impact on your daily life. Don’t just say “my back hurts.” Say “I can’t sit more than 20 minutes without shooting pain down my legs.”
Connections to evidence. Point the VA to where in your medical file or service record they can find proof. Example: “See Tripler Army Medical Center, December 2005 neurology note.”
Clarity. Keep it short and keep it clean. The people reading your file are drowning in paperwork. Don’t give them a reason to skim over yours.

What Not to Do

This is where a lot of vets get tripped up. Here’s what you should avoid:

Don’t self-diagnose. You’re not a doctor, so don’t play one in your claim.
Don’t ramble. The VA doesn’t need your life story going back to grade school unless it ties directly to your service.
Don’t rant about the VA. Trust me, I get it. They’re slow, they’re dismissive, and they lose paperwork like it’s a hobby. But your statement isn’t the place for a gripe session. Keep your frustration out of the record.
Don’t be vague. “I have anxiety” is useless. “I can’t go to the grocery store without panic attacks” paints a picture.

A Sample Statement

Here’s a sample to show you how it can look when done right. Don’t copy it word for word, your story needs to be yours, but use it as a guide.

--------------

Sample Statement in Support of Claim (VA Form 21-4138)

I’m submitting this statement in support of my claim for service-connected chronic migraines.

My headaches began while I was on active duty in 2002. At first, they came once a week and I could push through with ibuprofen. Over the years, they got worse. By 2010 I was missing work two or three times a month because the pain was so intense I had to lie in a dark room for hours.

Now I have at least two severe migraines every week. When they hit, I can’t drive, I can’t work, and I can’t even play with my kids. My wife has to step in and cover everything at home because I’m down for the count.

My service medical records back this up. On June 15, 2002, I reported migraines at the Barstow Clinic. On December 3, 2005, I was officially diagnosed at Tripler Army Medical Center and referred to a neurologist.

This condition has only gotten worse since I left service, and it continues to severely impact both my ability to hold a job and my personal life.

I certify that this statement is true to the best of my knowledge and belief.

[Signature]
[Date]

--------------

Final Thoughts

A personal statement isn’t just filler. It is lay evidence, and the VA is legally required to consider it. Done right, it ties your story together, connects the dots for the rater, and makes sure your file doesn’t get lost in the shuffle. Done wrong, it’s just more paper tossed on the pile. If you’re drafting yours, take the time to be specific, keep it clean, and think like the overworked VA employee who has to read it. Make their job easy, and you just made your path to benefits a little smoother.

Head Injuries: Understanding Traumatic Brain Injury (TBI)

bcummings@rmvap.org (Brad Cummings) — Fri, 01 Aug 2025 21:10:29 GMT

Traumatic Brain Injuries

If you've served in the military, chances are you've heard or encountered traumatic brain injury, or TBI. But did you know that TBIs don't always result from massive explosions or dramatic injuries? Even seemingly minor incidents can cause lasting brain injuries, impacting your daily life in ways you might not immediately recognize.

What is a TBI?

A traumatic brain injury happens when your brain experiences trauma from a blow, jolt, or penetration of the skull. This can range from severe blasts in combat to seemingly minor incidents like falls or vehicle accidents. Importantly, many veterans don't realize they've suffered a mild TBI because symptoms may not appear immediately or might initially seem unrelated.

How TBI Can Impact Your Life

The effects of TBI are varied and can significantly disrupt your daily routines, work capabilities, and relationships.

Symptoms often include:

Persistent headaches
Cognitive difficulties, including memory loss or trouble concentrating
Mood swings and irritability
Difficulty sleeping or fatigue
Sensitivity to light and sound

Because these symptoms are broad, they can be easily mistaken for other conditions, making diagnosis challenging without proper medical evaluation.

VA Ratings and Compensation for TBI

The VA rates TBI under diagnostic code 8045 (38 CFR §4.124a), evaluating three primary areas:

Cognitive impairment
Emotional/behavioral dysfunction
Physical dysfunction

Each area is separately rated on the following scale:

0% – Minimal or no symptoms; no impairment.
10% – Mild symptoms; symptoms do not significantly interfere with daily activities.
40% – Moderate impairment; clear cognitive, emotional, or physical dysfunction affecting daily life.
70% – Severe impairment; significant symptoms with substantial interference in daily living activities.
100% – Profound impairment; completely disabling symptoms that prevent independent living.

These ratings differ from PTSD ratings, which are primarily based on psychiatric symptoms' frequency, severity, and duration, specifically under diagnostic code 9411 (38 CFR §4.130).

Little-Known Tips to Maximize Your TBI Compensation:

Secondary Conditions : Many veterans don't know that conditions like depression, anxiety, tinnitus, migraines, and even insomnia can be rated separately as secondary conditions related to TBI, increasing overall compensation.
Comprehensive Medical Evaluations : Be thorough in medical examinations. Documenting how your symptoms impact daily life can significantly affect your rating. If initial evaluations missed key symptoms, you could request a new C&P (Compensation and Pension) examination based on worsening symptoms or newly identified issues.
Buddy Letters : Detailed buddy statements can make a significant difference. If you have fellow service members or family who witnessed the incident or have observed the changes in your behavior and functioning, their statements could substantially support your claim.
Proposed Changes and Updates : Stay alert to recent or upcoming changes in VA regulations. For instance, the VA has proposed periodic updates to better align TBI ratings with current medical understanding, potentially impacting your rating positively. Additionally, recent DoD policies emphasize the importance of thorough screenings for mild TBIs following even minor concussive events during service.

Law in Your Favor:

VA examiners must clearly differentiate symptoms attributable to TBI from those related to PTSD or other mental health conditions, which can help increase accuracy in ratings and potentially enhance your compensation.
Case Law : The case of Saunders v. Wilkie (2018) emphasizes that functional impairment, even without a formal diagnosis of a chronic condition, could justify compensation if clearly connected to service. This precedent can strengthen claims where a TBI’s symptoms clearly impact life, even if initial medical evaluations were inconclusive.

Navigating a TBI claim can be complex, but understanding these nuances can significantly influence your outcome. If you suspect you have a TBI or your symptoms have worsened, taking immediate action can lead to better support, accurate ratings, and improved quality of life.

TBI claims are broad, varied, and hard to win. Let us help you.

Phone: (720) 253-0963

Can You Upgrade Your Military Discharge? Yes, and Here's How

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:44:11 GMT

If you got out of the military with a discharge that’s been holding you back, you’re not alone. We talk to veterans all the time who received General or Other Than Honorable discharges. It’s been costing them jobs, VA benefits, and peace of mind for years. The truth is, you can do something about it.

At RMVAP, we’ve helped hundreds of veterans from all branches upgrade their discharges. Army, Navy, Marines, Air Force, Coast Guard, Space Force—we’ve seen it all. Some had combat trauma that was never treated. Some got caught in outdated policies. Others made one mistake that’s followed them ever since. Whatever your story is, we can help you tell it.

What’s a Discharge Upgrade?

A discharge upgrade is a formal request to change the way your separation from the military is listed. If it’s successful, you could go from Other Than Honorable to General, or General to Honorable. That one change can open the door to VA healthcare, disability pay, housing programs, and more.

It’s not an easy process, and it takes time, but it’s possible. And we know what works.

You Might Qualify If:

You were dealing with PTSD, traumatic brain injury, or another mental health issue
You experienced military sexual trauma or harassment
You were discharged because of your sexual orientation or gender identity
You made a mistake under stress, and it doesn’t reflect your whole service
You’ve changed since leaving the military and want your record to reflect that

What the Process Looks Like

When you come to RMVAP, here’s what we do:

We help you get your full military records
We work with you to write a personal statement that tells your story in your own words
We gather support materials like buddy letters, medical records, and evaluations
We file the application and stay involved the whole way

You don’t need to figure out which board to send it to. If it’s been under fifteen years, we send it to the Discharge Review Board. If it’s been longer, we go to the Board for Correction of Military Records. Either way, we’ll handle it.

Why This Matters

This isn’t just about getting into the VA system, even though that’s a big part of it. It’s about fixing a record that never told the full story. A discharge upgrade can give you access to health care, financial support, job opportunities, and maybe most important of all, the recognition you’ve earned.

You served. Let’s make sure your record shows that.

We’re Ready When You Are

We’ve helped veterans across the country fix their discharges and get the benefits they were promised. We can help you too.

Apply now at www.rmvap.org
Email: clientservices@rmvap.org
Call: (720) 253 0963

You’ve carried that paperwork long enough. Let’s fix it.

How a Discharge Upgrade Can Get You VA Benefits and Healthcare

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:39:51 GMT

It’s one of the hardest things we hear from veterans. They walk into a VA hospital, looking for help, and get told they’re not eligible. It doesn’t matter that they were in combat, or that they’ve got PTSD, or that they’re struggling. The discharge says they’re not entitled to benefits, and that’s the end of the conversation.

Except it’s not.

At RMVAP, we’ve helped hundreds of veterans change that conversation. If your discharge is keeping you from getting care or compensation, a discharge upgrade can open that door.

Why the VA Denies Benefits

The VA looks at your discharge status when you apply for benefits. If you didn’t get an Honorable discharge, they might deny you access to:

Medical care through the VA
Monthly disability compensation
Home loan benefits or housing programs
GI Bill or Vocational Rehab
Burial and survivor benefits

That one box on your DD-214 can block you from the very help you need. But it doesn’t have to stay that way.

What a Discharge Upgrade Unlocks

If you’re approved for a discharge upgrade, here’s what changes:

You’ll be able to use VA hospitals and mental health services
You’ll be eligible for monthly, tax-free compensation for service-connected conditions
You can access VA home loan programs and housing grants
You may be able to go back to school using the GI Bill
You’ll finally be seen as the veteran you are

A Real Example

We worked with a former Marine who was discharged after a one-time drug incident. What the paperwork didn’t say was that he had untreated PTSD from combat tours. After we helped him put his story together, his discharge was upgraded. He’s now in therapy, receiving disability payments, and rebuilding his life. None of that would’ve happened if we hadn’t fixed the record first.

What We’ll Do for You

Review your military and VA records
Help you write a statement that explains your full story
Collect supporting evidence like buddy letters, medical files, or psychological evaluations
File the application and stick with it until there’s a result

Once your upgrade is approved, we can also help file your VA claim. That way, you’re not starting over with someone new.

You Deserve Access

You wore the uniform. You served your country. That should count for something. If your discharge is keeping you from getting the benefits you need, we’re here to help you fix it.

We’ve done this for veterans in every branch. Combat vets. MST survivors. People who made mistakes. People who were forgotten. You’re not alone in this.

Apply now at www.rmvap.org
Email us at clientservices@rmvap.org
Call: (720) 253 0963

It’s your record. Let’s set it right.

Denied VA Benefits? Here's How to Appeal and Win

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:37:21 GMT

Getting a denial from the VA can feel like a punch to the gut. You served your country, and now you're being told you don't qualify for the benefits you need. But here's the thing: a denial isn't the end of the road. You have options, and we're here to help you navigate them.

At RMVAP, we've assisted thousands of veterans from every branch in appealing their VA benefit decisions. Whether it's a disability rating that's too low or a complete denial of benefits, we've seen it all and know how to tackle it.

Understanding Your Appeal Options

The VA's appeals process, revamped under the Appeals Modernization Act, offers three main paths:

Supplemental Claim : If you have new and relevant evidence that wasn't considered in your original claim, this is your route. It's about bringing fresh information to the table to support your case.
Higher-Level Review : Think the VA made a mistake? This option lets a more experienced reviewer take another look at your claim. No new evidence is allowed, but you can point out errors in the original decision.
Board Appeal : Want a Veterans Law Judge to review your case? This path offers three choices: a direct review, submitting new evidence, or requesting a hearing. It's a more formal process but can be effective for complex cases.

Why Choose RMVAP?

Navigating the VA appeals process can be daunting. That's where we come in. Here's what we offer:

Expertise : Our team understands the intricacies of the VA system. We've successfully guided veterans through every appeal option.
Personalized Support : We take the time to understand your unique situation and tailor our approach accordingly.
Nationwide Reach : No matter where you are in the country, we're equipped to assist you.

Take the Next Step

Don't let a VA denial define your future. With the right support, you can challenge the decision and secure the benefits you've earned.

Apply now at www.rmvap.org
Email us at clientservices@rmvap.org
Call us at (720) 253 0963

Your service mattered. Let's make sure your benefits reflect that.

Got New Evidence? Here's How to File a Supplemental Claim with the VA

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:35:17 GMT

Got New Evidence? Here's How to File a Supplemental Claim with the VA

If the VA denied your disability claim, you might be wondering what went wrong and what you can do next. The truth is, a lot of denials come down to missing or incomplete evidence. That doesn’t mean your case is over. It just means you’ve got another shot—and this time, with stronger support.

The Supplemental Claim is one of the most effective ways to challenge a VA decision. If you’ve got new and relevant evidence, you can ask the VA to take another look. And if you’re not sure what counts as “new and relevant,” that’s where we come in.

At RMVAP, we’ve helped hundreds of veterans across all branches file strong Supplemental Claims that actually get results.

What Is a Supplemental Claim?

A Supplemental Claim is one of the three appeal options under the VA’s modernized review process. It’s used when you’ve got new evidence that wasn’t part of your original claim. You’re not starting over—you’re adding to the record and giving the VA a reason to reconsider.

This could be after your initial application, a Higher-Level Review, or even a Board denial. As long as you’ve got something new to show, the VA has to give it a fresh look.

What Counts as New and Relevant Evidence?

Not everything qualifies. The VA is strict about what it considers new and relevant. That means you need evidence that wasn’t submitted before and that could help prove your case. Here are some examples:

Medical records that show a diagnosis or worsening of your condition
Private doctor opinions that link your condition to service
Buddy statements describing what you went through
Service treatment records that were missing or misread the first time
VA medical opinions that were never considered
New C&P exam results if you’ve had one since the denial

If you're not sure whether your evidence fits, we’ll review it for you.

How to Get the Right Evidence

This is where things often go off track. Many veterans submit paperwork that doesn’t move the needle. We help make sure your evidence actually supports your claim. Here’s how:

We look through your full VA file to spot what was missing
We help you request any records from private providers or military archives
We draft or request expert opinions from medical professionals
We help gather lay statements from friends, family, or fellow service members
We make sure everything is clearly labeled and linked to the correct claim

You do not have to guess your way through this. We’ll handle it with you.

Filing the Supplemental Claim

Once your evidence is ready, we file VA Form 20-0995. This tells the VA that you’re requesting a new review and submitting new evidence. Timing matters. You’ve got one year from the date of the last VA decision to keep your effective date. Miss that window, and you could lose months or even years of back pay.

Why RMVAP?

We’ve seen veterans win on appeal after being denied for years—all because someone finally helped them gather the right evidence and say it the right way. This isn’t about checking boxes. It’s about building a case that gets noticed.

We know what works
We understand how the VA evaluates evidence
We’ve helped veterans in every state, from every branch
We’ll be honest with you if something’s missing, and we’ll help you fix it

Ready to Try Again?

If your VA claim was denied, don’t give up. Let’s find out what the VA missed and give them a reason to take another look.

Apply now at www.rmvap.org
Email us at clientservices@rmvap.org
Call us at (720) 253 0963

You served. You have a right to be heard. Let’s make sure your evidence speaks loud and clear.

Taking Your VA Appeal to the Board? Here’s What You Need to Know

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:32:45 GMT

If the VA denied your claim and the first appeal didn’t work, you still have options. The Board of Veterans’ Appeals is where veterans go when they want a real review by a Veterans Law Judge—not another VA employee going through the motions.

At RMVAP, we’ve helped hundreds of veterans across every branch appeal their cases to the Board. Whether you’re requesting a hearing, submitting new evidence, or just want a clean review of what’s already in your file, we’ll guide you through it.

This isn’t something you want to do alone. And you don’t have to.

What Is a Board Appeal?

A Board Appeal is your opportunity to have a Veterans Law Judge look at your case and decide whether the VA made a mistake. This is a formal review. The judge is not part of your regional office. It’s a completely separate level of oversight.

You can request a Board Appeal after:

An initial denial
A denied Higher-Level Review
A denied Supplemental Claim
You have one year from the date of your last decision to choose this path.

You’ve Got Three Choices at the Board

One of the most important decisions you’ll make is how to present your appeal to the judge. Here are your options:

Direct Review
You’re asking the judge to review your case based on the existing record. You’re not submitting new evidence and you’re not requesting a hearing. This is the fastest option but only works if the current record is strong.

Evidence Submission
You can submit new evidence within ninety days of your appeal being docketed. This option is for cases where the record needs a little more support but you don’t want a hearing.

Hearing Request
You ask for a virtual or in-person hearing before a Veterans Law Judge. This is your chance to speak directly to the decision-maker. It’s slower than the other two, but it can be powerful—especially if your story is complex or misunderstood. We help you decide which lane makes the most sense and then build your case from there.

What Makes a Strong Board Appeal?

To win at the Board, you need more than frustration and paperwork. You need a clear theory of the case and a record that supports it. That includes:

A well-crafted narrative that connects your service to your condition
Expert opinions or medical records that fill in the gaps
Lay statements that support your symptoms or timeline
A review of previous VA errors so the judge sees where things went wrong
At RMVAP, we handle all of this. We’ll write your brief, organize your exhibits, and speak on your behalf if a hearing is requested. We’ve done it hundreds of times.

What to Expect

Board Appeals take time. It’s not a fast process. You might be waiting over a year, especially if you request a hearing. But for many veterans, this is the appeal that finally turns things around.

We prepare you for that wait and make sure every piece of your case is in place. We don’t cut corners, and we don’t file sloppy work. You only get one shot with most judges, and we treat it like it matters—because it does.

Ready to Appeal to the Board?

You’ve come this far. Let’s finish strong.

Apply now at www.rmvap.org
Email us at clientservices@rmvap.org
Call: (720) 253 0963

You earned these benefits through your service. Let us help you make sure the record reflects that.

Think the VA Got It Wrong? A Higher-Level Review Can Fix That

bcummings@rmvap.org (Brad Cummings) — Thu, 08 May 2025 22:19:12 GMT

If you’ve ever opened a VA decision and felt your stomach drop, you’re not alone. Maybe the rating was too low. Maybe they missed something obvious. Maybe they denied your claim entirely even though you gave them everything they asked for.

We hear it all the time. And when you know the VA made a mistake, you’ve got a powerful option to set the record straight. It’s called a Higher-Level Review. At RMVAP, we’ve helped veterans across the country use this process to correct bad decisions and get the benefits they should’ve received from day one.

What Is a Higher-Level Review?

A Higher-Level Review, or HLR, is a way to appeal a VA decision when you believe it was wrong based on the evidence they already had. You’re not submitting new evidence. You’re asking the VA to have a more experienced reviewer take a fresh look at your file and fix the error.

This is a great option when:

The VA ignored key evidence
You were denied for reasons that don’t make sense
The VA used the wrong rating or applied the law incorrectly
A C&P exam was misinterpreted
You just know they missed something, and you can prove it using the existing record

How Does It Work?

When you request a Higher-Level Review, your case gets pulled out of the normal system and handed to a more senior VA employee. They look at everything in your file—your claim form, your medical records, your service treatment records, your C&P exams—and determine whether the original reviewer got it right.

You can also request an informal conference , which gives you or your representative a chance to speak directly with the reviewer. You won’t be testifying. It’s not a hearing. But it’s your opportunity to point out where the VA got it wrong and highlight the parts of the record that matter most. We strongly recommend asking for this conference, and we handle it for our clients every time.

What You Can’t Do

You can’t submit new evidence with a Higher-Level Review. If you have documents or medical opinions that weren’t part of your file, then you’ll want to file a Supplemental Claim instead.

The HLR is only for when the VA already had what they needed but made a bad call.

Why RMVAP?

At RMVAP, we’ve handled hundreds of Higher-Level Reviews. We know what mistakes the VA makes most often and how to correct them. We also know how to speak the VA’s language and frame your case in a way that gets results.

When you work with us, we’ll:

Review your original claim decision to identify specific errors
Prepare a targeted and persuasive HLR request
Represent you during the informal conference
Track your appeal every step of the way
Help you decide what to do next if the VA still gets it wrong

We work with veterans from every branch, in every state, and at every stage of the appeals process. You don’t have to do this alone.

You Deserve a Real Review

If the VA denied your claim or underrated your condition, a Higher-Level Review could be the fastest and most effective way to fix it. But you only have one year from the date of your decision to request it. Don’t wait.

Apply now at www.rmvap.org
Email us at clientservices@rmvap.org
Call us at (720) 253 0963

You earned those benefits. Let’s make sure you get them.

RMVAP Wins Denver Bar Association's 2024 "Outstanding Program/Project" Award

lrgruber@rmvap.org (Luke Gruber) — Wed, 14 Aug 2024 19:25:04 GMT

For the RMVAP's unwavering commitment to ethics, professionalism, education, access to justice, community service, and the promotion of charitable causes, to support U.S. military veterans.

The Rocky Mountain Veterans Advocacy Project (RMVAP) has been honored with the 2024 Outstanding Program or Project Award, a prestigious recognition that celebrates programs and projects upholding the highest traditions of the legal profession. This award acknowledges RMVAP's unwavering commitment to ethics, professionalism, education, access to justice, community service, and the promotion of charitable causes, particularly in their efforts to support U.S. military veterans.

A Commitment to Ethics and Professionalism

The RMVAP, affiliated with the Denver Bar Association (DBA), has consistently demonstrated an exceptional commitment to the ethical standards and professionalism that define the legal profession. Their work focuses on ensuring that veterans, who have sacrificed so much for their country, receive the legal support they need to transition successfully to civilian life. By providing pro bono legal services, RMVAP has become a beacon of integrity within the legal community, setting a high standard for others to follow.

Enhancing Access to Justice

One of the core missions of RMVAP is to enhance access to justice for veterans. Many veterans face significant legal challenges when returning to civilian life, from navigating complex VA benefits to dealing with legal issues related to housing, employment, and healthcare. RMVAP has worked tirelessly to bridge these gaps, ensuring that veterans have access to the legal representation they need and deserve. Their efforts have been instrumental in removing barriers that might otherwise prevent veterans from achieving stability and success.

A Model of Community Service and Collaboration

RMVAP’s dedication to community service is evident in its broad reach and impact. The project not only provides direct legal aid to veterans but also engages in community outreach and education, raising awareness about the unique legal challenges faced by veterans. This focus on service has fostered a strong sense of collaboration within the legal community, bringing together attorneys, law students, and other legal professionals to work towards a common goal.

The award also highlights the exceptional collaboration between members of the bar that RMVAP embodies. By partnering with various legal organizations and bar members, RMVAP has created a network of support that amplifies its impact. This collaborative approach has not only enhanced the services provided to veterans but has also strengthened the legal community's ability to address complex issues through shared knowledge and resources.

Promoting Charitable Causes

RMVAP's work goes beyond providing legal services; it actively promotes charitable causes that align with its mission. Through fundraising efforts and partnerships with other organizations, RMVAP has secured resources to expand its services and reach more veterans in need. This dedication to promoting charitable causes further underscores the project's commitment to making a lasting difference in the lives of veterans and their families.

A Well-Deserved Honor

The Rocky Mountain Veterans Advocacy Project's recognition as the 2024 Outstanding Program or Project is a testament to its impact on the legal profession and the veteran community. This award not only honors RMVAP's achievements but also serves as an inspiration for other legal programs and projects to strive for excellence in service, ethics, and professionalism.

Serving Veterans: PMI Invests in RMVAP to Support Veterans

Wed, 14 Aug 2024 18:47:51 GMT

PMI pledges $350,000 over two years to the Rocky Mountain Veterans Advocacy Project to help veterans access the benefits and care they deserve

Philip Morris International (PMI) continues to demonstrate its commitment to veterans and its broader corporate mission through significant investments and initiatives. Recently, PMI U.S. CEO Stacey Kennedy and Colorado Governor Jared Polis announced a major $600 million investment in a new Colorado facility , expected to create 500 direct jobs and generate $550 million in annual economic impact. This facility will help meet the growing demand for smoke-free products, specifically producing ZYN oral nicotine pouches, alongside the existing Swedish Match North America facility in Owensboro, Kentucky.

PMI is dedicated to improving public health by providing nearly 30 million legal-age U.S. consumers who smoke with innovative alternatives to traditional cigarettes. This aligns with PMI's broader smoke-free mission, which includes expanding production for nicotine pouches and introducing the IQOS heat-not-burn device in select U.S. markets. IQOS, authorized by the U.S. FDA as a modified risk tobacco product, offers a significant reduction in harmful chemical exposure for adults who switch completely from smoking.

In addition to its economic and health-focused initiatives, PMI has deepened its commitment to veterans in Colorado. The company has pledged $350,000 over two years to the Rocky Mountain Veterans Advocacy Project , a veterans advocacy law firm dedicated to helping veterans access the benefits and care they deserve. Additionally, PMI has donated $100,000 to support the Veterans Community Project , which provides housing for veterans in need.

These efforts are part of PMI’s broader corporate social responsibility strategy, which has seen its U.S. affiliates contribute approximately $25 million to charitable causes since 2022. With a focus on supporting veterans, empowering women, and funding hyperlocal solutions, PMI is also involved in forming the "United to Safeguard America from Illegal Trade" (USA-IT) coalition, which has trained over 36,000 law enforcement officials.

Since entering the U.S. market in 2022 with the acquisition of Swedish Match, PMI has been on a mission to deliver a smoke-free future and contribute positively to the communities it serves. The recent investments in Colorado and the continued support for veterans underscore PMI’s dedication to both economic growth and social responsibility.

Sturm College of Law Veterans Advocacy Project Helps Veterans Regain Benefits

Wed, 11 Nov 2020 15:02:07 GMT

Clinic has recovered more than $16.2 million for Colorado veterans

The Veterans Advocacy Project (VAP) at the University of Denver Sturm College of Law specializes in helping veterans with upgrading their discharge status to receive much needed benefits. Since the clinic launched in 2015, the VAP has assisted more than 400 veterans in filing discharge upgrades to the Department of Defense, obtaining compensation and healthcare from the Department of Veterans Affairs with more than $16.2 million recovered for veterans.

A student run clinic, the VAP prioritizes homeless and disabled veterans, and those suffering from trauma such as Post Traumatic Stress (PTS) or Traumatic Brain Injury (TBI), which many veterans suffer on return from deployment.

“Since 2001, the Department of Veterans Affairs, acting independently and without oversight, has unfairly and unjustly barred over 125,000 veterans from compensation and health benefits,” said Brad Cummings (JD’19, LLM’20) VAP clinical fellow.

This number, accounting for 6.5 percent of veterans, encompasses post-9/11 and Gulf War servicemembers, and reflects a drastic increase from previous conflicts. By contrast to the treatment of recent veterans, only 2.8 percent of Vietnam veterans and 1.7 percent of WWII veterans were barred from compensation.

While Congressional mandate bars service members with “dishonorable” discharges from receiving benefits, the VA has opted to expand this to include “bad paper” discharges, including those with the characterization of Other than Honorable (OTH). The vast majority of veterans with OTH discharges have been administratively separated and afforded little due process.

Administrative separation boards, as a rule, are convened by the servicemember’s commander when a negative action has been reported. This may consist of nonjudicial punishment, a letter of reprimand, or sub-standard performance evaluations.

“While the term ‘administrative separation’ may sound innocuous, the implications for military members are dire,” said Cummings. “In many of these cases, the misconduct in question is directly attributable to PTS or TBI. Despite this, there are no mental health professionals assigned to the board, and panel members are free to decide by their own observations whether mental health was a contributing factor.”

Unlike civilian criminal court where guilt must be proven beyond a reasonable doubt, a separation board must simply judge by a preponderance of the evidence (51 percent).

Administrative separation boards may levy discharge characterizations of General and OTH. While General is considered “honorable,” veterans with this characterization are barred from receiving GI Bill education benefits. By contrast, an OTH discharge completely bars a veteran from all benefits post-service and is considered a felony distinction.

“The ability of the board to recommend a felonious discharge, for largely misdemeanor offenses, is a fundamental violation of a servicemember’s rights,” said Cummings.

The VAP specializes in helping veterans who have received these distinctions with upgrading their discharge status to receive much needed benefits.

Sturm College of Law Veterans Advocacy Project Fights for Veterans’ Benefits and Quality of Life

Fri, 09 Nov 2018 14:56:57 GMT

Clinic has recovered more than $7.2 million for Colorado veterans

When professors, veterans, and law students join efforts, impressive solutions are possible. In the case of the University of Denver Sturm College of Law, that solution is the groundbreaking pro-bono Veterans Advocacy Project (VAP), which is making monumental strides in veteran legal services.

The VAP, the only program of its kind in Colorado, is the brainchild of Denver Law Professor Ann Vessels. She launched the clinic in 2015 after watching her own son, Sean, a former Marine, struggle to come back from three tours in the Middle East. He was struggling with PTSD and had to wait more than a year for his benefits to come through from the Veterans Administration (VA).

“Had he not lived with us, he’d have been on the streets,” said Vessels. Watching her son try to navigate the complex process of getting benefits gave her the incentive to launch the VAP, with the help of Denver Law alumni Mike Shea and Tim Franklin.

The clinic assists veterans who are appealing their VA benefit decisions, as well as those who need help changing their discharge status so they can access any benefits at all. A service member who receives an other-than-honorable discharge is not eligible for most benefits, including health care, disability or the GI Bill.

According to Vessels, other-than-honorable discharges can happen for a number of reasons, including the service members’ behavior, which can also be due to PTSD-related issues, or something as simple as being late a few times. Some discharges can even prevent veterans from gaining employment after they leave the service.

“It just seems unfair in some cases. That’s why we do the work to fight it,” she said.

And fight the clinic does. Since its inception, the clinic has recovered more than $7.2 million for veteran clients through successful discharge upgrade applications and VA disability benefit cases. However, the clinic doesn’t just recover money for veterans, it recovers quality of life.

“There’s a great line from a song that says we send them off to die for us and forget about them when they don’t. That is so, so true. And that’s why we do what we do,” said Vessels.

Vessels has seen veteran clients go from homelessness to receiving full benefits, plus back pay for benefits not received, getting them off the streets.

The clinic’s success is heavily fueled by hands-on, real-world work by Denver Law students who participate. Law students who work in the VAP take a seminar to learn the ins and outs of military benefits and spend 150 hours working with clients over the course of a semester.

Alice Hansen, 2L, works in the VAP and says her time is often spent interviewing clients to understand their situation from their point of view, reviewing any medical or military records, as well as past decisions made about their case, and drafting briefs to appeal past decisions that may have denied the veteran VA benefits or issued an other-than-honorable discharge.

“These can be truly life-changing decisions for a veteran, and it is hard for veterans to find no-cost legal services in these areas, so it is an incredible opportunity to put a legal education into meaningful work,” Hansen said. “I entered into law in order to provide legal services to underserved populations and the Veterans Advocacy Project provided a very hands-on way to learn these skills in serving an incredibly deserving population.”

Veterans Helping Veterans

Several students in the clinic are also veterans themselves, putting them in a unique position to earn real-world legal experience by helping their fellow veterans.

“Doing two combat deployments, it is something I think about every day. I’ve had my own difficulties transitioning back. It’s been tough, but I did have a lot of help. I know a lot of others don’t have that, and I want to do something proactive to help these other men and women,” said Brennan Heuser, 3L, a U.S. Army sergeant who served two deployments, one in Pakistan and one Afghanistan.

For Heuser, while a large part of the program is helping these veterans gain access to benefits, it’s also about giving veterans someone who understands. He said he meets with clients who are really struggling with either mental or physical injuries due to their time in the service but have the military mentality that you don’t ask for help and you just handle it yourself.

“It’s pretty emotional. You’re dealing with really tough stories. I can relate to a lot of these stories, so I just work on having a healthy relationship with my clients. We’re trying to help people, and we are in a good position to help them legally by just listening to their story. It can save a life, honestly,” he said.

Martin Carbajal, 2L, a petty officer in the U.S. Navy, said that it has been rewarding working with veterans and helping them move forward with their lives. Two clients he’s working with are waiting for discharge upgrades.

“These upgrades are huge for them because they will be able to get their educational benefits. One can not only get his educational benefits, but because the discharge characteristics he received, he can’t even get a job. So, to help him to be able to go work is huge,” Carbajal said.

For both veteran students working with the VAP, it’s about honoring their military service and giving back to others.

“We have a lot of pride in what we do, and just knowing that they are going to get some benefit out of it is rewarding,” Carbajal said.

Help the Veterans Advocacy Project

The VAP’s services are in high demand, and Vessels has a goal to continue to raise awareness and funding to serve as many veterans as possible. You can help by donating to the Veterans Clinic Gift Fund .

“Some of these veterans are being held back economically and socially. They are stuck at where they are at in their life then and there. As far as getting things back on track for them and helping out, ultimately, the Veterans Advocacy Project is the best avenue,” related Carbajal.

Clio Customer Stories: Veterans Advocacy Project

josh@fix8media.com (Josh Neimark) — Fri, 11 May 2018 19:27:57 GMT

The Veterans Advocacy Project legal clinic, operating out of the Sturm College of Law at the University of Denver, provides critical legal services to returning veterans, to help prevent them from slipping through the cracks.

See how they use Clio to ensure consistency of service and do the best job they can assisting one of the most vulnerable groups in the nation.

Source: Clio Youtube Channel