What is a Presumptive Condition?

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.

Veterans in Chicago, IL dealing with denied disability claims often find that a VA appeals lawyer can make a real difference. Your chances of winning get a lot better when you work with someone who knows the process inside and out. more How Can a Chicago, IL VA Appeals Lawyer Improve Your Chances of Winning? Guiding You Through the Appeals Process The VA appeals system has quite a few steps, and you have to get each one right if you want to succeed. If you disagree with a decision on your benefits, you have options like filing a Higher-Level Review, a Supplemental Claim, or appealing to the Board of Veterans' Appeals. A lawyer who has experience with all these paths can explain each one clearly and pick the best fit for your situation. If you pick the wrong option, at the least your case will be delayed and, at worst, it could be weakened or dismissed altogether. Reviewing and Strengthening Your Case Your lawyer will also review your initial denial letter and claims file to spot any errors the VA might have made, such as overlooking medical records or misapplying a rule. This can allow you to build a stronger argument right from the start. Handling the Paperwork You probably don't need anyone to tell you that when you're involved with the government, there's going to be a ton of paperwork. Everything has to be filled out correctly or your appeal will be delayed or denied. Your lawyer will make sure you're using the right forms and that they are filled out correctly the first time. They'll also know exactly what evidence needs to be included with the form for the best chance of success. Your lawyer can also help you discover whether you need new evidence or identify any missing key items. Meeting Deadlines and Avoiding Common Mistakes The time limits restrict here and if you miss a deadline you could ruin your chances of a successful appeal. Your lawyer will keep track of all the dates and make sure everything is submitted on time. Your lawyer also knows all the common mistakes that people make when they fill out these forms and make these appeals and will prevent you from making any of them. Representing You at Hearings If your appeal goes to a hearing before the Board of Veterans' Appeals, having representation matters a lot. You need someone to thoroughly organize your story and the evidence to prove it. Then, your lawyer will speak on your behalf, ask questions of witnesses, and respond to the judge's concerns. This takes the pressure off you during what can be a highly stressful event. Hearings allow you to explain your condition in your own words, but your lawyer will help you understand how to explain things in a way that matches the criteria the VA are looking for and keeps the focus on the facts. Having an experienced lawyer can make a real difference. For help with your case, contact the Comerford Law Office for a free consultation here in Chicago, IL. We also serve the Highland, IN and Jonesborough, TN areas.

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.