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After filing a disability claim, the VA reviews the supporting evidence to decide whether your condition qualifies for benefits. The VA only grants disability to veterans with health conditions proven to be connected to their military service. But how can you show that your health condition is indeed service-connected? In order to build an effective case, you’ll need to enlist the help of an experienced VA attorney. Proving your case can be difficult, but if you include the necessary information, your chances for approval increase. Call us to discuss the specific circumstances surrounding your legal case. What Evidence Does the VA Look For When Reviewing a Disability Claim? While reviewing the provided documents as part of your disability claim, the VA looks for evidence demonstrating that: You have an ongoing physical or mental disability that impacts your ability to complete everyday tasks, and The event, illness or injury that caused the disability occurred during military service. To support your claim, you’ll need to provide certain documents, such as records of the treatments you received in service, doctor’s reports and medical test results as evidence of your injury. Establishing a VA Service Connection Establishing a clear connection between your disability and your military service is one of the hardest obstacles to overcome when applying for VA benefits. There are several possible methods to prove this relationship, each requiring a specific method of proof: Direct Service Connection. There is a direct service connection if a veteran was injured during active military duty. The veteran’s service medical records serve as the primary source of evidence for a direct service connection. You have a fair possibility of approval if the medical evidence provided shows that an accident happened, you were diagnosed with a medical condition and a doctor confirms that your current disability is connected to the event. Aggravated Service Connection. If a veteran had a health condition prior to starting military service but later developed a disability as a result of their military responsibilities, the VA might determine that they have an aggravated service connection. Presumptive Service Connection. The VA will automatically recognize certain medical conditions as being related to military service as long as they developed soon after the service was completed. Disorders such as brain injuries, malignancies, infection diseases, illnesses brought on by chemical exposure and wounds sustained by prisoners of war often fall into this category. A confirmed diagnosis and medical documentation demonstrating that symptoms first occurred before the stipulated time period had passed serve as proof of an ailment. For most cases, the limit is 90 days. Secondary Service Connection. Sometimes, a service-connected disability can result in a secondary illness, such as when a brain injury causes depression. You must show records of diagnosis and a doctor’s report supporting the claim that your secondary condition is connected to your initial, service-connected disability. Contact a VA Attorney If your disability claim was denied, contact the Comerford Law Office, LLC for assistance. We can discuss your case in detail and help you understand what it means to have a service-connected disability.

VA Attorney James Comerford has experience handling cases related to veterans benefits. Our law firm can help you determine which benefits you are eligible for, file an appeal for denied benefits and more. Schedule a consultation with our compassionate Nashville veterans benefits lawyer today.

Receiving a denial for a claim that you know is legitimate is one of the most frustrating things you can experience. It can be even worse for military veterans. Let’s be honest. The VA probably denied your claim in a faster amount of time than it took for you to file. Even though having your claim denied is frustrating, it’s common. Many agencies will deny a claim hoping that the claimants don’t seek an appeal. But filing an appeal is exactly what you need to do. The Appeal Process Your disability appeal process starts with choosing how you want to approach your appeal. There are three decisions that you can choose from: Board of veterans’ appeals. With this option, you can request that a Veterans law judge review your claim. Higher-level review. With this option, you can ask the VA to review your claim using the evidence already in your file. Supplemental claim. This option allows you to ask the VA to review your original claim with the new evidence you’ve presented. While there is no right or wrong decision, you may want to choose your process based on the reason why your claim was denied. For example, a higher-level review process is great if you disagree with the VA’s disability rating. What A Veterans Benefits Attorney Can Do Before deciding which route to take your appeal, you may want to consult with a veterans benefits attorney. A skilled attorney can make the appeal process less complex for you. Their expertise can decide on the best approach to take your appeal. Veterans benefits attorneys can review your file, the agency’s decision, and how to proceed with your appeal. Filing a Notice Of Disagreement (NOD) A veterans benefits attorney can assist you with filing your Notice of Disagreement (NOD). Because the process is stressful, you may be overcome by emotions while filing. A veterans benefits attorney can inform the VA why you deserve to have your claim reviewed again. A veterans benefits attorney can also provide the right information to include in your NOD. Many veterans may mistake providing too much information in their notices. An attorney knows how to limit the information you need to include in your NOD while mentioning the important details. Choose The Best Appeal For You A veterans benefits attorney can also help you choose the best appeal process for your claim. Your attorney can help you either prepare your appeal to a decision review officer (DRO) or for the Board of Veterans Appeals (BVA). Even if a DRO denies your claim, you still have the option of appealing to the BVA. An attorney can help prepare you for either case. Discuss Your Case With A Veterans Benefits Attorney Today To learn more about the VA disability appeal process, speak with a veterans benefits attorney at the Comerford Law Office. Call our office, or submit our contact form today to schedule an initial consultation.

Comerford Law Office provides legal services for veterans seeking veterans’ disability benefits. James R. Comerford has fulfilled the United States Department of Veteran’s Affairs accreditation process and is authorized to represent Veterans seeking disability benefits. Many young military members go overseas just starting their adult lives and with many plans for their future careers. However, too many return to the United States with those plans vastly changed. Many serious injuries sustained at war can prevent a veteran from pursuing their intended career path or even from working at all. If you were injured and are unable to earn a living, you may qualify for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation. Generally speaking, the amount of veterans benefits you will receive for your injuries depends on your disability rating as determined by the Department of Veterans Affairs (VA). However, if you have an injury or condition that is not 100 percent disabling but still prevents you from getting a job and/or keeping gainful employment, you may qualify for a TDIU rating, which can increase the number of benefits you receive to 100 percent despite having a lower disability rating. Generally speaking, to qualify for individual unemployability, you must meet the following criteria: You are a veteran; You have service-related disabilities as follows (one disability with at least a 60 percent disability rating; or two or more disabilities with one rated at least 40 percent and the combined rating for both adding up to at least 70 percent); Your disability renders you unable to sustain gainful employment (odd jobs do not count). In some rare circumstances, veterans with ratings lower than the above minimums may still be approved for TDIU benefits if their disabilities have specific effects that make it impossible to hold down a job. Helping You Qualify for TDIU Many people who do have less than 100 percent disability ratings are not aware that they may be eligible for more benefits if they cannot work. They may struggle to try to survive on their partial benefits and odd jobs since they are unable to hold a job for an extended period of time. Some conditions that may keep you from working include: Back injuries – These can keep you from lifting, moving around, or even from sitting for extended periods of time; Traumatic brain injuries – TBIs can cause cognitive impairments that can make it impossible to focus, follow instructions, or communicate with others; PTSD – Many veterans with PTSD have uncontrollable flashbacks, fears, anger, and other mental struggles that can often lead to termination from a job. These are only a few of many conditions for which we may be able to get you qualified for TDIU. VA Unemployability FAQ’s What Exactly is a VA Unemployability Claim? A TDIU claim is quite difficult to prove, but you do not have to prove that you are “100% disabled.” The VA will, however, expect you to prove that your disability is real, it meets specific criteria from the VA, your disability was acquired in the line of duty, and it prevents you from sustaining gainful employment. What are the VA’s Criteria for Total Disability or Individual Unemployability? Even if the disability rating assigned to you by the VA is less than 100%, you can still have your rating adjusted to 100% based on individual unemployability. To claim TDIU benefits, you must prove the following: You are already the recipient of service-connected benefits One disability is rated at 60% or higher OR two disabilities are rated at 70% or higher OR, your disability qualifies you for special consideration and the rating method used by the VA should not apply (known as extra-schedular) OR, you have medical or vocational proof that your disability prevents you from working Lastly, you can file a separate claim to have your disability rating increased. What is the TDIU Effective Date? The effective date is the date from which you are assigned benefits. This date is not the date that the VA accepts your claim. Instead, it is the date on which you filed the claim (or the date on which the VA received your claim). You will be entitled to back pay from the date your filing was accepted to the date your filing was granted. Additionally, veterans who apply for disability rating changes have effective dates as well. These are calculated from the date the VA receives the claim. Am I Entitled to Back Pay from the VA? Yes. Applications can take years to sort out. Once your application has been granted, the VA will pay your claim from the date it received your application. You are entitled to recover payments from the date your application was received to the date your claim is granted. How Long Does VA Unemployability Last? Depending on your medical progress, VA unemployability can either be permanent or temporary. In cases in which unemployability is deemed permanent, you will see the P&T (permanent and total) box checked. This means that there will be no future medical exams scheduled to determine your status. In some cases, veterans are re-rated as having higher disabilities, while in other cases, they are re-rated lower. Contact an Experienced Chicago Veterans’ Compensation Lawyer For Help Many different service-related conditions and disabilities can make it impossible for you to keep a job that is sufficient to support yourself. At the Comerford Law Office in Chicago, we understand the many different ways that disabilities can prevent you from earning an adequate living. You do not have to continue struggling to make ends meet with partial veterans' disability payments. Instead, you should not hesitate to call dedicated veterans disability attorney James R. Comerford to discuss your options for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation. Call us today.

One of the frustrating aspects of applying for disability benefits is the amount of time it takes for your application to be processed. Even when you have a perfectly valid claim, you could end up waiting years before you obtain the benefits you deserve. In the meantime, medical bills continue to pile up alongside all of your other daily living expenses. Fortunately, Congress recognized this problem and passed reform legislation in 2017 to modernize the disability appeals process. The new rules were implemented earlier this year and should reduce the bottlenecks in the system. As of February 2019, there were 400,000 appeals awaiting a decision. Three Options for Bringing an Appeal The VA’s initial decision is not final. Instead, applicants have the ability to bring an appeal. Appeals serve a vital purpose in the system. Often, the person who initially reviews your claim has incomplete information or does not fully understand the evidence you have provided. As a result, your application might receive a lower rating than it deserves or might even be denied outright. On appeal, you have another chance to argue your case. Under the recent reforms, applicants in Indiana and other states will have their choice of one of three different processes for appeal: Supplemental claim. The applicant submits additional information to support the case. The regional office handles the appeal and makes a final decision. Higher-level review. If the regional office misinterpreted the law or made an obvious error, an applicant can request that the senior claims adjudicator review and overturn the decision, if necessary. You cannot submit new evidence if you choose this review. Direct appeal to Board of Veterans’ Affairs. You can request a hearing to testify before a Veterans Law Judge, or you can request a decision without a hearing. Which Option is Best? Applicants now face a difficult choice of which appeal to request. In some cases, the options are pretty clear-cut: If you were denied benefits or given a low rating because of incomplete information, then a supplemental claim could be the best route. For example, you could supply additional medical records that show the full scope of your injury. If the regional office made a mistake in interpreting the law or analyzing the evidence, you should request a review by a senior claims adjuster. If you need a fast, authoritative decision, then going straight to the Board of Veterans’ Affairs could be your best bet. In many situations, however, it is not clear which appeal is best, so it is best to meet with an experienced Veterans Benefits attorney for review. Meet with Us for a Case Review Applying for VA benefits can be a lengthy process, and an experienced attorney can help. At the Comerford Law Office, we represent people in Illinois and Indiana in the appeals process. We will gladly meet with you to review your case and identify the best path forward for requesting an appeal. Please call us today to schedule a free case evaluation.

For many years, veterans have struggled with the backlog at the Department of Veterans Affairs (VA), which leaves applicants waiting for months before they receive a response to their claims. However, a recent investigation into the VA revealed that the problem is much worse than most people realize. In fact, according to a report released by the VA inspector general, tens of thousands of cases were omitted or ignored by VA department officials when estimating the number of claims that took more than 125 days to resolve. In response to the results of the investigation, VA officials were directed to review and adjust their reporting process and to implement new training and standards by the end of the year. Unfortunately, the VA is so backlogged that these changes could take years before they bear fruit, making it especially important for veterans who are seeking benefits to consult with an experienced veterans benefits attorney who is familiar with the claims process and can ensure that their cases are reviewed as quickly as possible. Results of the VA Inspector General’s Investigation The VA claims backlog made headlines during the Obama administration, as more and more people became frustrated with the VA’s slow response time when it came to approving or denying disability claims. Resulting investigations revealed that in 2013, the number of ratings cases that took more than four months to complete exceeded 611,000. VA officials responded by hiring additional staff, implementing new processing systems, and using electronic medical records, which led to a decrease in the backlog to around 70,000 by September of 2015. The backlog has remained at between 70,000 and 100,000 for most of the last three years. Unfortunately, the recently published results of a new investigation revealed that this number only covers around 79% of relevant cases, as more than 20% remain misclassified, are mistakenly excluded, or are acknowledged as overdue only after their files are processed. For instance, during a review of the cases from the first half of 2016, investigators discovered that around 63,600 overdue cases were left out of the records for unclear reasons and that more than 10,000 were simply incorrectly recorded by employees. The report also found that although the average number of days that it takes for a basic disability claim to be resolved is less than 90, more complex cases continue to take as many as 200 days to make it through the initial review process. In response to the new allegations, VA officials have pledged to review and supplement their reporting procedures, to institute new training and standards by the end of the year, and to make major changes to its backlog rules and oversight requirements. Call Us for a Free Consultation Today To speak with an experienced veterans benefits attorney who can help you resolve your own claim for veterans benefits, please contact The Comerford Law Office, LLC at 312-863-8572. Initial consultations are offered free of charge, so please do not hesitate to call or contact us online today.

In an effort to pay tribute to veterans who served their countries by performing military service, the Department of Veterans Affairs (VA) provides deceased veterans with a wide range of memorial and burial benefits. For help ensuring that your own loved one is properly honored for his or her sacrifices, please contact a dedicated VA benefits attorneys who can walk you through the application process. What Memorial Benefits Does the VA Offer? After a veteran passes away, his or her family can apply to the VA to have that individual interred in one of 135 national cemeteries. Those who qualify for burial in a VA national cemetery are also eligible to receive the following burial benefits: Perpetual care of the gravesite; A headstone or marker with an inscription; A burial flag; A Presidential Memorial Certificate; Transportation of flower arrangements to the gravesite; and The opening and closing of the grave, placement in an above-ground vault, or burial of cremated remains. For the loved ones of deceased veterans who do not opt for burial in a national cemetery, but instead choose burial in a private cemetery closer to home, the VA also provides benefits, including a burial flag, Presidential Memorial Certificate, and a government headstone, medallion, or marker. Many surviving family members are also entitled to a VA burial allowance, which partially reimburses them for the cost of the veteran’s burial and funeral. VA Eligibility Requirements To qualify for VA memorial benefits, a person must have been: A member of the U.S. Armed Forces, which includes the Army, Navy, Air Force, Marine Corps, and Coast Guard who died while on active duty; or Was not dishonorably discharged and who, if he or she enlisted after 1980 served for at least two consecutive years or for the full period for which he or she was called to active duty; or A U.S. citizen who served for any allied nation and whose last active service was terminated honorably by death or otherwise. Most service members fall under the second category and so must only demonstrate that they did not receive an undesirable or bad conduct discharge. In the event that a person received multiple discharges of varying character, the VA Regional Office will be tasked with determining whether a veteran qualifies for memorial benefits. Surviving spouses and dependents of eligible veterans could also qualify for interment in a national cemetery. This is true even if the spouse or dependent predeceases the veteran or if the veteran was not buried in a national cemetery. Former spouses whose marriage to a veteran was terminated by annulment or divorce are not eligible for VA memorial benefits, nor are veterans whose character of service resulted in a bar to veterans benefits, or whose only service was active duty for training or inactive duty training in the National Guard or Reserve Component. Contact an Experienced VA Benefits Attorney Today Burial sites in national cemeteries cannot be reserved in advance, which means that the surviving family members of deceased veterans are usually required to grapple with the memorial benefits application process while also grieving, juggling household expenses, and paying for a memorial service. For help with this process, please call The Comerford Law Office, LLC at 312-863-8572.

While most people know that the Department of Veterans Affairs (VA) offers services and programs for qualifying veterans, few are aware that the family members of eligible veterans can also collect certain benefits. For help determining whether you or a loved one qualify for educational assistance, healthcare services, or a VA pension, please contact our dedicated VA benefits legal team today. Benefits for Spouses and Dependents Family members of service members who were killed or seriously injured while on active duty are often eligible for VA benefits, which can be used to obtain an education, advance in a career, obtain a home loan, or provide supplementary income. The eligibility requirements for these benefits differ depending on the benefit in question, making it especially important for those who believe that they may qualify for VA benefits based on their relationship to a veteran, to consult with an experienced VA benefits attorneys who can explain their legal options. Health Benefits Family members of certain veterans are eligible for health benefits and programs that could reduce or eliminate the cost of medical supplies, prescriptions, and office visits. For instance, under the Caregiver Program, the primary caregiver of a qualifying veteran can receive a stipend, as well as access to healthcare coverage, which includes mental health counseling, marriage and family counseling, and compensation for travel, lodging, and per diem when accompanying the veteran for treatment. Family members of veterans returning from or who were killed in combat zones can also take advantage of readjustment counseling, which is offered by the VA and encompasses a wide range of services, including: Individual and group counseling; Family counseling; Bereavement counseling; Military sexual trauma counseling and referral; Outreach and education; Employment assessment and referral; Medical screening and referral; and Substance abuse assessment. To learn more about these and other programs, such as the Civilian Health and Medical Program (CHMPVA), the Children of Women Vietnam War Veterans (CWW) program, or the Children Born with Spina Bifida program, please call our legal team today. Education and Employment Benefits In addition to healthcare benefits, the VA also provides education and training opportunities to the spouses, dependents, and survivors of veterans through a number of programs, all of which help cover the cost of tuition, supplies, books, fees, and housing. These benefits can be used to obtain a traditional degree, a non-college degree, on-the-job training, and internships. For example, the Fry Scholarship is a program that is made available to the children and spouses of service members who lost their lives while on active duty after September 10, 2001, while the Survivors’ and Dependents’ Educational Assistance (DEA) Program offers training and education opportunities to dependents of veterans who became permanently and totally disabled or passed away as a result of a service-related condition. The DEA Program also offers assistance from the Vocational Rehabilitation and Employment program, which helps eligible family members evaluate career choices, achieve education and career goals, and receive academic or adjustment counseling. Call Today for a Free Consultation If you have a loved one who served in the military, you could be eligible for VA benefits. To learn more about your legal rights and options, please call The Comerford Law Office, LLC at 312-863-8572 or send us an email at info@comerfordllc.com.

Update: This post describes the VA disability appeals process for decisions issued prior to February 19, 2019. Decisions received after that date are subject to the new VA appeals process. The final step in any appeal for veterans benefits is a hearing before the Board of Veterans Appeals (BVA). This hearing can be held in person or by videoconferencing. Regardless of how it is held, you should prepare extensively since a lot rides on this hearing. The BVA judge who hears your case can approve your request for benefits or deny you. In a few situations, the judge might kick your case back down to the local office for more fact finding. Understand the Set Up In-person hearings can be heard in Washington, D.C. or by a traveling judge that holds hearings at each regional office. If you are having a hearing by video conference, you will be in a conference room at your local VA office. Your lawyer can be with you. Before the hearing, the judge will have reviewed all of the evidence and will have a grasp on the issues in dispute. You can submit new evidence before the hearing, but you should do so well in advance of your hearing date so that it arrives in time and is included in your file. Testifying During your hearing, you will testify under oath. The hearing is less formal than a trial, but you still must conduct yourself professionally. If you have a lawyer, he or she can ask you questions. When your lawyer is done, the BVA judge will ask you questions. Remember to always listen to the question before answering and to always answer the question asked. If you don’t understand a question or didn’t hear it, ask your lawyers or the judge to repeat it. Always be respectful and never interrupt the judge or cut him off. To prepare for testifying, your lawyer can create a mock examination where you answer questions as if it is the real hearing. A mock examination is a good way to identify your weaknesses as a witness. For example, you might get quiet when answering questions, or you might talk too much with your hands. Your lawyer can help you become a more confident witness. Witnesses and Evidence You can also have other people testify on your behalf at the hearing. For example, people who know you can testify as to how the disability has affected you. You can also introduce new evidence such as medical records. Proper preparation for the BVA hearing includes identifying people who might have information that is helpful to your case. Your lawyer can run through the evidence and identify any weaknesses and make sure you plug these holes when presenting your case to the BVA judge. Remember what you need to prove to prevail in your appeal: You are an eligible veteran You have shown a service connection between your disability and your military service You are sufficiently impaired The effective date of your disability Contact a Veterans Benefits Lawyer in Chicago Obtaining benefits after an initial denial is a long process that can take years. At the Comerford Law Office, we understand how stressful the experience can be. Those who have an attorney representing them in the hearing have a better chance of success than those who represent themselves. Please contact us today to schedule your free consultation.

Avoid these Mistakes when Applying for VA Benefits Disability benefits provide income support when servicemembers can no longer work because of an injury sustained in the line of duty. Unfortunately, many veterans make simple errors that can delay benefits or cause them to lose out on benefits altogether. By avoiding these mistakes, you’ll strengthen your chances of being approved. Mistake #1: Delaying the Filing of Your Claim Some veterans delay because they don’t understand whether they qualify for benefits. Others think they are too young and decide that they will wait until they are older. However, there is really no reason to delay. For example, if you are young, your condition might worsen as you age, which means you will qualify for additional benefits at that point in the future. Mistake #2: Not Linking the Disability to Your Service To qualify for benefits, your disability must be service related. However, many applicants do not submit sufficient information of this connection. Instead, they simply rely on their own memories, which are usually insufficient for the VA. To bolster your case, you need a medical opinion that connects your current disability to an injury suffered while in the line of duty. Mistake #3: Inadequately Documenting Your Symptoms In truth, the VA doesn’t typically believe what servicemembers say about their injuries. So you will need supporting documentation that your symptoms are serious. For example, you should get statements from family members and friends who can testify as to how your injuries affect you. These statements should be as detailed as possible. Mistake #4: Not Pursuing Mental Health Disability The VA has tried to increase the visibility of posttraumatic stress disorder ( PTSD) and has even relaxed the evidence requirements when claiming PTSD as an injury. However, veterans can also suffer many other mental health problems, including: Anxiety Depression Panic attacks Sleep disorders If these are connected to your service, then they can qualify as disabilities depending on how much they impair you. Mistake #5: Exaggerating Your Disability Perhaps fearing a denial, some applicants exaggerate their symptoms and injuries. As a result, the VA might dismiss the entire claim as unbelievable. Remember to keep all of your submissions as factual as possible and find supporting documentation that backs everything up. Mistake #6: Refusing to Hire a Lawyer after a Denial Applicants have important rights to an appeal, but the appeals process is usually complicated and fraught with difficulties. An experienced veteran benefits attorney can help you file everything in a timely manner with sufficient supporting documentation. If you try to go it alone, then your chances of being denied benefits a second time are much higher than if you have legal help. Speak with a VA Benefits Attorney in Chicago VA disability benefits help veterans take care of themselves and their families when they suffer an injury in the line of fire. If you have a question about benefits, or if you have already been denied and are planning to bring an appeal, you should reach out to an experienced lawyer today. As a member of the National Organization of Veterans Advocates, the Comerford Law Office is available for a free consultation. Please contact us today.

According to an April 30th, 2017 report that ran in the Boston Herald, the regional VA office in Massachusetts has been systematically mishandling veteran brain injury cases. Indeed, an investigation indicates that the office has incorrectly processed one in every six veteran traumatic brain injury claims. This is incredibly disheartening, and it shows that the VA is still a long way from being past the scandals that hit the agency in 2014. All brain injury cases must be taken seriously. Brain injury victims, particularly those who sustained their injury protecting our country, deserve their full and fair disability benefits. The Results of the 2015 Inspection The recently released inspection of the Boston VA regional field office covered the year 2015. During that time, the office processed nearly 17 percent of all TBI cases incorrectly. There were a wide variety of different errors made by the representatives at the office, including repeatedly miscalculating the disability benefits owed to several injured veterans. Notably, and perhaps not surprisingly, the majority of these errors were not in the favor of disabled veterans. As an example, in one case that was highlighted in the report, one former Iraq war veteran who had a very serious TBI, had his condition rated as ‘70 percent’ disabling. Upon review, investigators determined that the appropriate rating should have been ‘100 percent’. This is a very large and completely unacceptable error for the VA to make. To put this error into perspective, the veteran in question was underpaid by more than $31,000 over a two-year period as a result of this VA error. The Boston VA Office is Not an Outlier We have seen many different problems with VA regional offices all around the U.S. over the past several years. There is no reason to believe that the Boston field office is an outlier. You or your loved one may run into a similar problem at the Chicago Regional Benefit Office. The bottom line is clear: veterans deserve their full and fair benefits. Sadly many errors are made, and internal inspections rarely are sufficient to find these errors. If your veterans disability claim has been denied, or you believe that your disability rating is incorrect, please get in touch with a qualified attorney today who can assess your case and help you take corrective action. Contact Our Chicago Veterans Benefits Attorneys Today At the Comerford Law Office, LLC, our team proudly support veterans and their families. If you are having any problems with the Department of Veterans Affairs, we can help. Please do not hesitate to reach out to us today at (312) 863-8572 to schedule a free review of your case. We represent veterans in communities throughout Northern Illinois, including in Evanston, Oak Park and Oak Lawn.

The wars in Iraq and Afghanistan left an increased number of veterans with traumatic brain injuries (TBI), which is a head injury that results in the loss of consciousness, possible amnesia, and ensuring neurological deficits. According to the Department of Defense and the Defense and Veteran’s Brain Injury Center, an estimated 22 percent of all combat casualties from those conflicts are brain injuries; an additional 60 to 80 percent of veterans who suffered blast injuries also suffer TBIs. Unfortunately, because much of the symptoms of a TBI occur directly after impact, veterans often have trouble obtaining compensation for their head injuries. At The Comerford Law Office, LLC, VA disability attorney James R. Comerford understands how devastating a TBI can be to your future, and so will do everything in his power to make sure that you are rightfully compensated for your wartime injuries. Determining the Severity of Your TBI The severity of a traumatic brain injury is directly related to the severity of the symptoms associated with the injury. Your TBI may be ranked as either mild, moderate, or severe. To learn more about how your injury may rank, review the accepted definitions below: Mild TBI: The loss or alteration of consciousness for < 30 minutes; post-traumatic amnesia for <24 hours; focal neurologic deficits; and/or Glasgow Coma Score (GCS) of 13-15; Moderate TBI: The loss of consciousness for > 30 minutes; post-traumatic amnesia for > 24 hours; and an initial GCS of 9-12; and Severe TBI: All of the criteria listed for a moderate TBI, but with a  GCS of <9. Nearly 80 to 100 percent of individuals who suffer from a mild TBI (mTBI) will experience immediate symptoms, such as headache, dizziness, insomnia, impaired memory, and/or lowered tolerance for noise and light. In many cases, the victim of a mTBI will return to their normal state of function within three to six months; however, in 10 to 15 percent of cases, patients end up developing chronic symptoms that continue to affect them for the rest of their lives. These symptoms include headache, tinnitus, insomnia, memory loss, inability to concentrate, irritability, depression, and other somatic, cognitive, and behavioral issues. These are the individuals that most need VA benefits for their TBI, but they are also the individuals that have the hardest time proving that their symptoms are combat-related. Individuals with moderate and severe TBIs experience the same long-term effects of their injury as someone with a chronic mTBI, but to a greater degree. Oftentimes they require ongoing cognitive and vocational rehabilitation, and pharmacological intervention. Diagnosis and Obtaining Benefits Unfortunately, it is very difficult to diagnose a TBI, as there are no screening instruments that can detect symptoms. It is wholly up to the suffering patient to paint a picture of how they feel on a day-to-day basis, and for the physician to make a diagnosis based on what they have been told. In order to obtain a positive diagnosis, it would be in the patient’s best interest to present unequivocal evidence relating their injury to an event that happened in combat (such as evidence of an IED exploding under their combat command vehicle). Once a thorough interview has been conducted and a connection between a combat-related event and the injury has been established, it is up to the clinician to make a diagnosis. Consult a Chicago Veterans’ Benefits Attorney If you or a loved one suffered a TBI while in the military, and if the clinician either failed to make a positive diagnosis or you have been denied your benefits despite a positive diagnosis, reach out to Chicago veterans’ benefits attorney James R. Comerford. With years of experience helping veterans obtain the benefits they need and deserve, our team has the knowledge and skill necessary to guide you towards a successful outcome. To learn more about how the team at The Comerford Law Office, LLC will fight for your rights to your VA benefits, call 312-863-8572 to schedule your free consultation today.