How Can a VA Appeals Lawyer Improve Your Chances of Winning?

Many veterans develop new health problems as a result of disabilities that have already been recognized by the VA. If that's the case for you, then filing for secondary conditions VA can provide you with some additional compensation, when those issues are properly documented. A veteran's lawyer will be able to tell you what the strongest supporting materials are in your case and help you gather and use this evidence effectively. more The Basics To succeed, you need to establish a few basic elements that the VA requires: Have a current diagnosis for the additional condition you want recognized Have an existing service-connected disability already on record Have medical evidence connecting the new condition to the service-connected disability The VA generally looks to medical records and professional opinions to prove that final link, though statements from people who know you well can help. How a Veteran's Lawyer Strengthens Your Claim for Secondary Conditions VA Gathering All Your Medical Evidence First, your lawyer will help you get the key medical documentation you need, like: Notes from your VA doctors or private physicians that document when the new condition was diagnosed, what symptoms you reported, and what treatments followed Records showing a progression after your primary disability was already service connected A medical opinion letter from a doctor who knows your full history, stating that it is at least as likely as not the service-connected disability caused or aggravated the new condition Any gaps in your care can weaken your case, so you'll want copies of records both from older visits and recent ones that show a complete paper trail. A medical opinion letter often makes the biggest difference when it comes from a doctor who has reviewed your full history, but any letter your doctor writes needs to include their reasoning and not just a description. Submitting Other Documentation In addition to general medical records, there are some specific documents your lawyer can help you prepare and submit. For example, there's the Disability Benefits Questionnaires, which has to be completed by your treating provider. These forms give the VA standardized information about the severity and symptoms of the condition in question. Your lawyer can also get lay statements, or buddy statements, from your friends and family. These add context by describing the changes in your daily activities or pain levels they've seen and how those changes align with the timeline of your service-connected disability. Organizing Your Evidence Building a solid case requires that you put all your records in chronological order so the connection becomes obvious to a rater. Taking the time to compile everything in one organized package reduces back and forth with the VA later on, and this is one of the most important things your lawyer will do. The strongest evidence in the world won't be helpful if a busy VA rater can't see the connections. The right evidence presented in the right way can completely change the outcome of your VA claim. Visit the the Comerford Law Office now to request a free consultation. We've been serving veterans in Chicago, Jonesborough, TN and Highland, IN since 2008.

If you served in the United States military, developed an asbestos-related condition, and served in a role that involved routine asbestos exposure, you may be entitled to receive presumptive VA benefits under the 2023 PACT Act. Veterans seeking presumptive benefits don't always need to prove a direct causal link between service and their condition. An experienced veterans benefits attorney in Chicago, IL, can help you get the benefits you've earned. Collect Your Medical Records Your first step in establishing a claim to VA benefits related to asbestos exposure is collecting past and current medical records. These records will document any diagnoses, symptoms, and treatments for your asbestos exposure-related illness. Asbestos is associated with specific conditions like mesothelioma. With presumptive benefits, you don't have to prove a direct link between service exposure and your condition. You don't have to prove that your condition is directly linked to service exposure to be eligible for presumptive benefits. Working with a Veterans' Service Officer or a veterans benefits lawyer can help ensure your medical documentation is in order when the time comes to file your claim. Gather Your Service Records Your service documents will also be needed to file a claim for benefits, including your DD-214. The DD-214 documents critical details, such as where you were stationed, your job or specialty, and any asbestos-related activities that would put you at presumed risk for developing conditions linked to asbestos, like asbestosis or mesothelioma. Also, to claim VA benefits, you must have been honorably discharged, so discharge papers may also be helpful. It can be helpful to create a summary of your lifetime exposure to asbestos to demonstrate that the majority of your exposure occurred during your military service. You'll want to record when and where each instance of exposure occurred, if possible, and any details about the nature of the exposure could also support your claim. Your attorney or VSO can help you assemble a log of exposure throughout your service history. Filing Your Claim Once you, your VSO, and your attorney have collected the required documentation, you can submit your claim using VA Form 21-526EZ. The claim can be filed online or using traditional mail. If you already have a prior claim with the VA, you may be advised to file a Supplemental Claim. After filing your claim, the VA will examine your records and determine whether you've experienced a condition based on asbestos exposure during your service term. If the VA confirms your diagnosis of a presumed asbestos-related condition, you will be assigned a disability rating between 1-100, expressed as a percentage. If your claim is denied for any reason, your VSO and attorney can file an appeal to secure any benefits you're entitled to receive. If you believe you have an asbestos-related condition linked to your service in any branch of the Armed Services, you may be entitled to presumptive benefits from the VA for your subsequent disability. To learn more about filing a claim for presumptive benefits related to asbestos exposure, contact the Commerford Law Office in Chicago, IL, today.

Life in the military is physically demanding, mentally taxing, and often fraught with invisible hazards. While service members are trained to push through pain and discomfort, many face lifelong health problems as a result of their time in uniform. These injuries—chronic musculoskeletal disorders, mental health issues, and exposure to harmful substances—often go unreported and can complicate veterans' attempts to seek the benefits they deserve. Understanding these risks is crucial for veterans navigating the benefits system today. Chronic Physical Injuries Injuries from daily military activities don’t always show up immediately. The physical toll of repeated high-impact exercises, heavy lifting, and the constant stress of combat duties leads to chronic musculoskeletal disorders (MSDs). Overuse injuries such as tendonitis, arthritis, and back problems are common but rarely reported in service records. These injuries are often seen as part of the job, and seeking medical help is sometimes discouraged. Military culture encourages self-reliance, but the long-term effects of these injuries can be debilitating. The repetitive nature of tasks—whether it's carrying heavy gear, jumping on and off vehicles, or engaging in tactical training—puts immense strain on the body. As many veterans know, this physical toll is not always recognized, and it can lead to severe, long-term conditions like osteoarthritis, which may not be immediately evident. It’s crucial that veterans seeking benefits bring documented medical evidence of these injuries, even if they were never formally diagnosed during their service. Mental Health Struggles Beyond the physical strain, the mental health challenges veterans face can also be tied to the daily hazards of military life. Exposure to combat, trauma, and the constant readiness required of service members can have lasting psychological effects. PTSD, anxiety, and depression are common, yet often, veterans do not seek help because of stigma or fear of career repercussions. The culture of toughness in the military discourages individuals from showing signs of weakness. This can lead to long-term psychological damage that is not recorded in medical records, making it more difficult for veterans to receive appropriate care and compensation later on. Toxic Exposure Perhaps the most insidious hazard is exposure to toxic substances. Many veterans unknowingly encountered hazardous materials during their service. Jet fuel, asbestos, and other toxic chemicals are commonplace in military environments, from airfields to ship decks, and can lead to serious long-term health conditions. For example, prolonged exposure to Aqueous Film Forming Foam (AFFF), commonly used to suppress fires on military bases, has been linked to several health issues, including kidney cancer and developmental problems in children. Veterans who served in certain regions or environments may also face risks from poor air quality, food and waterborne illnesses, and exposure to burn pits. These risks have been linked to chronic respiratory conditions such as asthma, COPD, and sleep apnea. The effects of such exposure may not surface until years after service, leaving many veterans without a clear connection between their health problems and their military experience. Seeking Benefits For veterans struggling with the hidden hazards of military service, the path to obtaining benefits can be complex. Many injuries and conditions are not reported or documented during service, making it harder to prove their connection to military life. To improve your chances of success, gather any available medical records, including those from civilian treatment providers, and be prepared to provide detailed information about your service-related activities. While the military benefits process can be frustrating, it’s important to remember that you’re not alone. Many veterans have successfully navigated this system by bringing evidence of their service-related health problems. Don't let the invisible injuries of military life be ignored. Your service may have taken a heavy toll on your body, but there are avenues to get the support you deserve.