The truth is that serving your country in the military – while honorable – can take a considerable toll, and veterans are more likely to be arrested and booked than their civilian peers. While a criminal record can affect your veteran’s benefits, it shouldn’t permanently bar you from benefits, and turning to an experienced Illinois veterans disability benefits attorney for the skilled legal guidance you need can make a significant difference in the outcome of your claim. If You Spend Time Behind Bars If you are convicted of a felony charge that leads to more than 60 days behind bars, you will experience a reduction in your benefits. The amount of your reduction will depend upon your VA disability rating and will play out in one of the following two ways: If you have a disability rating of 20 percent or higher, your compensation will be reduced by 10 percent. If you have a disability rating of 10 percent, your compensation will be reduced by half. Informing the VA It is your obligation to inform the VA Regional Office as soon after you’re convicted of a felony that leads to at least 60 days of incarceration as possible. And some important points to keep in mind include: Failure to notify the VA can lead to a total loss of benefits. Any overpayments you receive will need to be returned prior to the reinstatement of your benefits. Upon release from prison or jail, your compensation payments will need to be reinstated based on the severity of your disability at the time, but reinstatement is not automatic – you’ll need to apply following release. Your compensation will not change in relation to being on work release or in a halfway house. If You Have Dependents Who Rely on Your Income If you have a spouse, minor children, or parents who rely upon your veteran’s disability income and you are incarcerated, they can apply for a portion of your benefits, which can mean part or all of your disability benefits while you are behind bars. The factors the VA will take into consideration include: Your dependent’s living expenses Your dependent’s income The amount of your total benefits that are available for apportionment Any mitigating circumstances that apply The appropriate family member must apply to receive apportionment benefits – they’re not automatic. For example, your spouse may apply on behalf of themself and your dependent children. Don’t Wait to Consult with an Experienced Illinois Veterans Disability Benefits Attorney Your service to your country entitles you to disability benefits if you were injured, you became ill, or a preexisting condition worsened as a result of your military career. While being convicted of a crime and spending time behind bars is a serious setback, it should not bar you from continued eligibility for benefits. James R. Comerford at The Comerford Law Office – Illinois is a trusted veterans disability benefits attorney who harnesses the full force of his experience and skilled legal advocacy for every veteran he represents. Learn more by contacting us today.
Can Sleep Apnea Be Linked to Military Service?
In order to receive VA disability benefits, you must be able to link your military service to your injury or illness – or exacerbation of either. If the condition you are suffering from is sleep apnea, you may have concerns regarding whether or not it qualifies as a disability, and the truth is that it can. Proving that any qualifying condition is service-connected, however, is challenging, which makes working with an experienced Illinois veterans disability benefits attorney the surest path forward. The Basics of Sleep Apnea Benefits To begin, you will need to demonstrate that one of the following is true: Your sleep apnea is directly related to your military service, which means showing that you acquired sleep apnea while in the military. Your sleep apnea was made worse during the course of your military service, which means showing that it progressed to acid reflux, chronic rhinitis, asthma, hypertension, or another related health concern Sleep apnea affects millions of people across the country, but veterans are more likely than others to be diagnosed with this serious condition. The Effects of Sleep Apnea Sleep apnea can affect every aspect of your life because it affects your ability to sleep. In turn, your ability to do your job, advance your career, and live life to the fullest can be thwarted. If you are a veteran with sleep apnea, this diagnosis can play a critical role in your ability to obtain total disability individual unemployability (TDIU) benefits. The effects of sleep apnea can include all the following: Snoring – from mild to intense Choking during your sleep Experiencing extended pauses in your breathing while you sleep Proving Your Sleep Apnea Diagnosis For purposes of your VA disability rating, you will need to prove that you have sleep apnea and will need to demonstrate its severity. This requires going to a medical professional and having a sleep study performed. If you obtained this diagnosis while you were in the military, it can bolster your claim, but this is not a requirement. The primary elements of every successful sleep apnea claim include the following: A diagnosis of sleep apnea with strong evidence backing it up A means of demonstrating that the sleep apnea came on or worsened while you were in the military, which generally involves a collation of your service and medical records A nexus – or connection – between the diagnosis and the service event that led to your condition, which a nexus letter from a doctor with the appropriate accreditation can help establish You Need an Experienced Illinois Veterans Disability Benefits Attorney on Your Side James R. Comerford at The Comerford Law Office – Illinois is a distinguished veterans disability benefits attorney who dedicates his impressive practice to fiercely advocating for the rights of veterans like you. Your claim is important to your future, so please don’t put off contacting us for more information about what we can do for you today.
Common Reasons for VA Disability Claim Denial
Obtaining the disability benefits to which your service entitles you takes diligence, and far too many veterans experience denied claims. While the reasons for such denials can vary considerably, they often boil down to a failure to follow the VA’s exacting requirements. Having the seasoned legal counsel of an experienced Illinois VA disability benefits attorney is always in the best interest of your claim. Incomplete Forms The forms employed by the VA in relation to disability benefits are exceptionally thorough, and they require accurate and complete responses. In other words, your benefit claim can be stalled before it’s even considered if your forms are deemed incomplete or if they contain misinformation. The kind of precise information you’ll be required to provide includes all the following: Information about prior military service Personal details, including your contact information and information about your family Your complete medical history Evidence that supports your claim of disability, including supporting documents Working closely with a dedicated VA disability benefits attorney from the start can help you pave the way toward an expedited and advantageous claim resolution. Failure to Qualify Your Condition as a Disability You recognize that your military service left you injured or ill, but without a diagnosis that’s recognized by the VA, your take on the matter does not rise to the necessary level. For example, PTSD can be debilitating, but its effects range considerably – and having a medical diagnosis is critical. In order to obtain benefits related to PTSD or anything else, you’ll need a direct diagnosis that clearly outlines your symptomatology. In other words, your VA disability rating can be lost in translation. Failure to Connect Your Disability to Your Service One of the most critical elements of your claim is succinctly connecting your injury or illness – or the exacerbation of your injury or illness – to your military service. The kind of evidence necessary to make this connection includes all the following: Your complete service records, which can help pinpoint the correlation of your injury or illness with your active service A strong nexus letter, which puts this correlation into medical terms Your complete medical records, which add an additional level of evidence Rejection of Your Medical Evidence Your claim is only as strong as your medical evidence, which refers to anything that helps you establish the following: The severity of your disability The symptoms you experience The causes of your disability What makes your condition a disability If the VA finds fault with the reliability or validity of your evidence, it can reject it. Additional Concerns Additional errors that can slow down, stall, or shut down your claim include the following: Submission of the wrong forms – There is a range of complex veterans disability forms, and pinpointing the ones that you – in your unique situation – need to complete can be challenging in and of itself. Missed Deadlines – Once the VA issues a deadline in relation to a specific aspect of your claim, it’s important not to miss it. A Preexisting Condition – Claims involving preexisting conditions are only accepted when the condition can be shown to have worsened as a result of service, which adds an additional layer of complication. Speak with an Illinois VA Disability Benefits Attorney Today James R. Comerford at The Comerford Law Office – Illinois is an imposing VA disability benefits attorney who appreciates how difficult having your disability claim denied is – and is well-prepared to help you turn the matter around. Learn more by contacting us today.
How Will Retirement Affect My VA Disability Benefits?
If you receive VA disability benefits and are nearing retirement, it’s prudent to consider how this transition will affect your benefits. While retirees may continue receiving their benefits, it’s important to know what retirement is likely to mean for you – in relation to your benefits and in your unique situation. Reaching out to consult with an experienced Illinois VA disability benefits attorney can provide you with the peace of mind you’re looking for – and if you do stand to lose benefits, having legal guidance can help ensure that you do what you can to secure them. Total Disability Individual Unemployability If you receive benefits related to total disability individual unemployability (TDIU), it means that you’re unable to either obtain or maintain gainful employment as a result of an injury or illness that is connected to your service. TDIU benefits are comparable to a 100 percent VA disability rating. Receiving TDIU benefits does not bar you from also receiving Social Security retirement benefits or Social Security disability insurance (SSDI). Permanent and Total Disability Benefits A permanent and total disability – P&T – rating is only implemented when the vet’s service-connected injury or illness is not expected to get better, and such a rating is protected from being downgraded in the future. This rating allows you to also seek Social Security retirement benefits – and to request that your application be expedited. Military Retirement Pay and Retirement Benefits Those in the military who serve 20 or more years are entitled to military retirement that is based on the number of years served and is calculated at 2.5 times the highest basic pay received over 36 months. While VA pensions and disability benefits are not taxed, military retirement benefits are. Receiving military retirement pay does not bar you from concurrently receiving Social Security benefits. It’s also possible to receive both VA disability compensation and military retirement pay. Concurrent Retirement and Disability Pay (CRDP) Concurrent retirement and disability pay (CRDP) refers to a payment program that restores some or all of some retirees’ disability offset. Those who may be eligible include: Veteran retirees with at least 20 years of service and a VA disability rating of at least 50 percent Veteran reserve retirees who have 20 qualifying years of service, who have a VA disability rating of at least 50 percent, and who have reached the reservist retirement age of 60 – or younger for those with specific amounts of active service When it comes to VA disability benefits and retirement, in other words, it’s complicated, and working closely with a knowledgeable Illinois VA disability benefits attorney is in your best interest. An Experienced Illinois VA Disability Benefits Attorney Can Help James R. Comerford at The Comerford Law Office – Illinois is a compassionate veterans disability benefits attorney who takes great pride in helping veterans like you obtain fair benefits – and keep them. Protecting your retirement resources is important to your future, so please don’t hesitate to contact us for more information today.
Diseases Linked to the Gulf War
There are many health conditions that affect veterans who served in the Gulf War. The VA recognizes a number of conditions that the administration presumes stem from Gulf War service, which can make it easier for veterans to obtain the disability benefits they deserve. If you have a presumptive condition from the Gulf War, never assume that the benefits claims process will be simple. It is always best to have the guidance and support of a VA claims attorney. Service in Southwest Asia Certain Gulf War conditions are presumed only if a veteran served in the southwest Asia area of military operations. This includes: Afghanistan Iraq Kuwait Persian Gulf Arabian Sea Bahrain Gulf of Alden Gulf of Oman Oman Qatar Saudi Arabia The United Arab Emirates Red Sea The first step is demonstrating records of your service in these theaters during the right time period. This time period is after August 2, 1990 and during Operations Iraqi Freedom, New Dawn, and Enduring Freedom. Diseases Presumed to be Connected to Gulf War Service The VA presumes that the following health conditions can result in long-term effects on a veteran’s life. Brucellosis – This is a bacterial disease that causes pain, fever, and chronic sweating. Campylobacter jejuni – Another bacterial disease that can cause chronic stomach pain, cramping, diarrhea, and fever. Coxiella Burnetii (Q Fever) – This is a bacterial infection that causes headaches, fever, nausea, diarrhea, or cardiac inflammation. Malaria – This is a parasitic disease that causes fever, chills, sweating, and headaches. It can also quickly become a life-threatening condition. Mycobacterium Tuberculosis – TB can cause problems with your spine, brain, and kidneys, possibly causing weight loss, chest pain, coughing, and fever. Nontyphoid Salmonella – This bacteria results in a serious gastrointestinal infection, which can cause nausea, diarrhea, and vomiting. Shigella – This is a bacterial disease that causes fever, vomiting, nausea, and diarrhea. Visceral Leishmaniasis – This parasitic disease can damage your internal organs, including liver and spleen enlargement. Signs include weight loss, fever, and more. West Nile Virus – This is a disease from mosquitoes that can cause muscle pain, headache, fever, nausea, and more. For some presumed conditions, veterans must have at least 10 percent disability within one year of military separation to qualify for benefits. Other conditions have no requirements for timeframes or disability ratings to qualify. Discuss your qualifications with an experienced VA attorney. Speak with a Gulf War Veterans Attorney While you do not have to show a direct service connection to your condition to qualify for benefits for presumptive Gulf War diseases, getting benefits is still not a simple process. You need to ensure you receive the full amount you are eligible for, and The Comerford Law Office can help. We ensure that Gulf War veterans have the financial support from the VA that the law entitles them to. Contact us for assistance as soon as possible. Our legal team is ready to assist you with every stage of your VA benefits claim.
VA Disability Benefits: What Evidence Will I Need?
If you need to seek benefits for a service-connected condition, you will need to provide sufficient evidence to the VA of your condition and its connections to your service. The evidence you need will depend on your specific situation, and you should never hesitate to seek help from a veteran’s attorney. Why Do You Need Evidence? While the government has the obligation to pay benefits to those who suffer health conditions due to their military service, you cannot expect the government to simply take your word that you are disabled. When you submit your claim, you must also submit documentation and other proof that your condition is diagnosed and stems from your service. You must also submit evidence of how your condition affects your life and work. Some evidence can include: Medical records showing your diagnosis and prognosis Records of your service Statements from fellow servicemen or family members about your condition or how your disability happened Statements from medical professionals regarding the timeline of your disability and the common effects of your type of condition Results of claim exams (also known as compensation and pension or C&P exams) Employment records Anything else relevant to proving your condition and how it arose from your service The VA will review all the evidence you submit to determine whether you are eligible for benefits and how much you should receive. In the event you have a presumptive condition, such as health issues from Agent Orange exposure, you need to present evidence of your service in a specific area and time, as well as your diagnosis of a presumptive condition. Appeals and Presenting New Evidence If the VA denies a disability benefits claim or assigns you a lower rating than you deserve, you can appeal. Your veterans attorney can help you present new evidence relevant to your claim. This situation is more common than you might think. Often a vet will submit a claim without realizing the amount of evidence they need. The VA might deny the claim altogether or only grant minimal benefits. Never accept this type of result. Instead, speak with a VA lawyer about your options. They will know the types of evidence that the VA is looking for and what will be most persuasive in getting you full benefits. They can communicate with the VA claim analyst and determine exactly what you need to supplement your claim. Seek Assistance from a Veterans Attorney for Your Disability Claim Too many veterans with disabling conditions receive fewer benefits than they deserve due to insufficient evidence provided during the claim process. Whether you are filing an initial claim, appealing a denial, or trying to increase your disability rating and benefits, having the right legal help is essential. Dealing with the VA can be stressful, especially if you are concerned about your financial support into the future. Contact The Comerford Law Office to discuss your disability claim. We can help with your VA claim and provide proper evidence.
VA Disability Ratings Explained
Welcome to the introduction to VA disability ratings. We’re providing some information about the process of obtaining VA disability pay and how the VA determines the amount of compensation you are eligible to receive. More than 5 million veterans receive disability compensation from the VA for mental or physical disabilities developed as a result of their military service. The VA has a responsibility to support these veterans, and the disability pay is a crucial part of fulfilling that responsibility. The rating system helps to ensure full benefits to each disabled veteran. Every situation is different, however, and the following is general information. So anyone with concerns about disability benefits from the VA should speak with a veterans disability attorney right away. Eligibility for VA Benefits VA disability pay is available to veterans who have developed a service-connected health condition that affects their ability to earn a living as they otherwise would. Disabling health conditions can include physical injuries, such as amputations or brain injuries, or illnesses such a s Gulf War Syndrome or effects of Agent Orange exposure. To be eligible for these benefits, the injury or health condition must have been sustained while: On active duty Active duty for training Inactive duty training Further, the veteran must have been discharged under conditions other than dishonorable. Determining Your Benefits through Your Rating To start applying for VA disability pay, veterans must complete an initial application, detailing their injuries, diseases, or other physical or mental health conditions. The VA then reviews the evidence and confirms the service connection before issuing a rating decision. This rating decision determines the appropriate monthly compensation, based on a chart from the Code of Federal Regulations called the Schedule for Rating Disabilities (VASRD). Every veteran with a service-related condition should receive a rating. This rating decision is critical – the higher your rating, the more benefits you will be entitled to. The rating should be directly based on the severity of the condition and its effects on the veteran’s ability to function in everyday life, including at work and home. Then, your monthly benefit amount with be based on your rating and your number of dependents. Veterans who disagree with the VA’s decision can file an appeal. They can provide evidence that they deserve a higher rating and more benefits due to the effects of their injuries or illness on their life. You want to seek legal help for this appeal process or if you disagree with your rating. Learn How an Illinois VA Disability Lawyer Can Help VA disability pay is available to eligible veterans with a service-connected health condition. The VA uses a rating system to determine the amount of compensation, and veterans who disagree with the VA’s decision can file an appeal. Every veteran should have a good understanding of the VA disability rating system to ensure that you receive the appropriate compensation for your service-related health condition. The Comerford Law Office knows that the rating system does not always result in the benefits a disabled veteran deserves. We represent vets during the claims and appeal process. Contact us today to consult with a member of our legal team. We can assist you in obtaining the benefits you need and deserve.
The History of Agent Orange
Agent Orange is a herbicide that the United States military used during the Vietnam War. It was named after the orange-striped barrels in which it was shipped and was a mixture of two herbicides: 2,4-D and 2,4,5-T. The herbicide was used extensively in Vietnam between 1961 and 1971 to clear out the dense jungle foliage that was used as cover by the enemy forces. The use of Agent Orange has a controversial history, with many health issues being linked to its use. While it was intended to be a defoliant, it was also highly toxic to humans, and the military personnel who were tasked with spraying the herbicide often did not wear proper protective gear. The herbicide was also sprayed in areas where civilians lived, leading to widespread exposure. Anyone who was exposed to Agent Orange should discuss related health issues with a VA attorney immediately. Effects of Agent Orange In the years following the war, reports began to surface about the negative effects of Agent Orange. Veterans who had been exposed to the herbicide reported a variety of health issues, including cancers, respiratory problems, and skin diseases. In addition, the children of veterans who had been exposed to Agent Orange were born with birth defects at a higher rate than the general population. In response to these reports, the U.S. government conducted several studies to determine the health effects of Agent Orange exposure. The most notable of these was the Ranch Hand Study, which followed a group of veterans who had been involved in the spraying of Agent Orange in Vietnam. The study found that these veterans had higher rates of cancer and other health problems than the general population. In 1991, the U.S. government passed the Agent Orange Act, which provided compensation to veterans who had been exposed to the herbicide and were suffering from health issues as a result. The act also provided funding for research into the health effects of Agent Orange exposure. The effects of Agent Orange are not limited to Vietnam. The herbicide was also used in other countries, including Laos and Cambodia, and the health effects of exposure continue to be felt today. In addition, the herbicide has had long-lasting effects on the environment, with contaminated soil and water sources still present in many areas. Some efforts have tried to address the legacy of Agent Orange in recent years. The United States and Vietnam have worked together to clean up contaminated areas and provide assistance to those who have been affected by the herbicide. In addition, organizations such as the Vietnam Association for Victims of Agent Orange/Dioxin have worked to raise awareness of the issue and provide support to those affected by Agent Orange exposure. Speak with a Veterans Rights Attorney in Illinois The history of Agent Orange is a tragic one. While it was intended to be a tool to aid the military effort in Vietnam, its widespread use led to significant health and environmental issues. The effects of Agent Orange are still being felt today, and it serves as a reminder of the long-lasting consequences of war. The Comerford Law Office can help veterans seeking benefits for Agent Orange. Consult with our office today.
Can Veterans Receiving Unemployability Benefits Still Work?
As a veteran receiving total disability individual unemployability (TDIU) benefits, you may still be able to work in some capacity. So long as your level of employment does not qualify as “substantially gainful employment,” you may be eligible to work and receive TDIU benefits from the VA. If you have any questions about VA disability benefits, want to file a claim, or need to file an appeal, an attorney from Comerford Law Office is ready to assist you. What Are TDIU Benefits? TDIU benefits allow a disabled veteran to receive a 100% disability rating. With this rating comes the maximum amount of disability benefits the VA provides, so a TDIU designation is a substantial one. When a veteran receives a TDIU designation, they may: Be able to support themselves and their loved ones financially Avoid the stress and health issues that can arise from financial instability Achieve a level of personal stability that veterans needs and deserve A veteran can only receive TDIU status if they cannot maintain “substantially gainful employment.” So, if a veteran can’t hold down a job that qualifies as gainful employment, what kind of work can they do? What Kinds of Work Can a Veteran Do While Receiving TDIU Benefits? The VA states that veterans with TDIU can work “odd jobs,” which it also refers to as marginal employment. Based on the VA’s definition of substantially gainful employment, these odd jobs may be: Infrequent Not consistently available Not sufficient to provide the veteran a living wage These kinds of jobs may bring the veteran fulfillment and a modest amount of additional income, so it makes sense that the VA allows veterans with a TDIU designation to maintain marginal employment. Should I Hire a Lawyer If I Am Seeking TDIU Status? If you are a veteran who plans to file a VA disability benefits claim, file an appeal, or seek a change in their disability benefits status, an attorney can be a vital asset. The attorneys at Comerford Law Office serve veterans by: Helping them determine which claim or appeal type is most appropriate Filing the claim or appeal Obtaining medical records, service records, and other documentation that support the claim or appeal Handling all communications with VA officials Managing the claims or appeals process from start to finish When you hire a lawyer to assist with your claim or appeal, you may spare yourself a substantial amount of stress and frustration. Even more importantly, our team may get the disability benefits you are entitled to. Call Comerford Law Office Today to Get Legal Assistance with Your VA Claim or Appeal Our team is ready to fight for you. Call Comerford Law Office today or provide your information online, and we will contact you.
5 Things You Should Know About the VA Claims Process
If you are currently involved in the claims process with the U.S. Department of Veterans Affairs (VA) or you plan to file a claim in the future, there are several important facts you should know. If you have any additional questions about the VA claims process or would like our assistance with your claim or appeal, reach out to Comerford Law Office at any time. Five essential facts about the VA claims process include: 1. The VA denies a significant number of veteran disability claims If you receive a denial of a disability benefit claim, or you do not receive the amount of benefits you deserve, you are far from the first veteran to face these outcomes. VA officials can cite several potential reasons to deny or underpay your claim, including: Lack of a connection between your service and your disability Lack of documentation of your medical condition Clerical errors or missing information on a claim These are three of several explanations the VA may cite, and the merits of each reason can vary. Our firm can help you understand and appeal any denial or underpayment of your claim. 2. There are several types of VA disability claims Per the VA, you can file several types of disability claims, including: An original claim, which you can file within 180 days of leaving the service An increased claim for compensation beyond what you’re already receiving A new claim in addition to your original claim A secondary service-connected claim, which is a claim related to your original claim A special claim, which is for “special needs linked to your service-connected disability” A supplemental claim, which allows you to provide new evidence for a previously denied claim An attorney can advise you on which specific claim type is right for you. 3. There are three ways to appeal a VA decision If your claim reaches the appeal phase, your three options of appeal type are: Supplemental Claim Higher-Level Review Board Appeal An attorney can also explain which of these appeal types are appropriate for your situation. 4. Many veterans hire an attorney to help with their claim or appeal Veterans do not always have the knowledge, energy, time, or medical ability to deal with the VA. Many of them hire a lawyer to handle the claims or appeals process for them. 5. You may have to fight for the benefits you deserve What the VA should do for disabled veterans is not always what the VA does do. You may have to endure a complex, difficult process to get the benefits you deserve. If you choose, an attorney can handle this process so you can focus on your health. Call Comerford Law Office Today to Discuss a VA Disability Claim or Appeal You should not have to wait for the disability benefits you deserve. Call Comerford Law Office or submit your case details online today. Our firm proudly serves veterans, and we will fight for the benefits you deserve.
How Long Will It Take to Appeal a VA Disability Benefits Decision?
The U.S. Department of Veterans Affairs (VA) does not always resolve disability benefits appeals promptly. In fact, VA data suggests that the average Board Review decision (one type of VA appeal) takes 405 days to appeal. Along with this data, the VA notes that there are several factors that could affect how long it takes to resolve an appeal. Even if you face a potentially long wait for a VA decision, an appeal may be worthwhile. If you want help with a VA claim or appeal, an attorney from Comerford Law Office will guide you through the process. Why Does It Take So Long to Complete a VA Disability Benefits Appeal? With more than one million active personnel at any given time and far more retired military who rely on the VA for disability benefits, there is a constant backlog of claims and appeals that VA officials must resolve. This is one reason why it takes so long to rule on each appeal. The VA notes that Board Review decisions, which involve a judge ruling on an appeal, may take longer than other appeal types. Stated reasons for this longer timeframe include: The finite number of judges to review VA appeals No-shows and other delays in completing hearings, which prevent the VA from reducing its backlog of appeals The large number of veterans who choose Board Review as their appeal type Even if you pursue a Supplemental Claim or Higher-Level Review (the other two types of VA appeals), you may face frustrating delays in processing your appeal. , Even once VA officials reach your appeal, it may: Need supplemental documentation from you Need to review your service records Claim that clerical errors prevent your appeal from moving forward as scheduled Pose other reasons for not immediately ruling on your appeal Veterans who have dealt with the VA may not be surprised by these long appeal timelines. However, you do not have to accept delays in your appeal without a fight. An Attorney Can Press the VA to Process Your Appeal in a Timely Manner If you hire a lawyer to help with your VA disability benefits appeal, they will remain in contact with VA officials. Though some delays are unavoidable, your attorney will press VA officials to process your appeal in a reasonably timely manner. Furthermore, your lawyer will ensure that there are no reasons for the delay on your end. They can prevent such delays by: Ensuring your appeal is filed accurately and on-time Providing all medical documentation that the VA would need to rule on your appeal Providing a thorough, written explanation of why you are appealing a VA decision An attorney will update you about your appeal, preventing you from having to contact the VA for a year or more while awaiting a decision. Call Comerford Law Office Today to Discuss a VA Disability Benefits Appeal Our attorneys fight for disabled veterans to get the benefits they deserve from the VA. Call Comerford Law Office today or submit your case details online to find out how we will help with your claim or appeal.
How to Appeal a Denied Veterans Benefit Claim
The U.S. Department of Veterans Affairs (VA) explains that there are three ways to appeal a denied veterans benefit claim, which are: Supplemental Claim Higher-Level Review Board Appeal An attorney from Comerford Law Office can explain each option in detail and complete whichever type of appeal you choose to pursue. About the VA’s Veterans Benefits Appeal Options Some important details about the three VA veterans benefit appeal options include: Supplemental Claim: You can file a supplemental claim to add new evidence to an existing claim. Evidence must be “new and relevant,” and VA employees will determine whether new evidence changes the initial ruling on your claim. Higher-Level Review: You may file a Higher-Level Review if you believe the VA erred in its initial decision. Even if there is no new evidence to consider, you can request that a more senior VA official take a second look at your claim and render a more favorable decision. Board Appeal: If you file a Board Appeal, you request that a judge review your claim and make a ruling. Each veteran seeking fair disability benefits from the VA must choose the appeal option that is right for their circumstances. An attorney can advise you about which appeal type is most appropriate for you. An attorney may exhaust multiple types of appeals. For example, if your lawyer submits new evidence through a supplementary claim but still receives an unfavorable ruling from the VA, they may proceed with a Higher-Level Review or Board Appeal. Should a Veteran Hire a Lawyer to Lead Their Veteran Benefit Appeal? It is your decision whether to hire a lawyer for a veterans benefit claim or appeal, and there are several potential reasons to do so. Vets hire attorneys to help with their VA appeals because: The cost of not getting fair benefits is great: If you do not get the compensation you deserve from the VA, you may have great difficulty covering living expenses and costs specific to your medical condition. Veterans are often occupied with their medical conditions: The same medical condition that has led you to seek VA disability benefits may also make it difficult for you to complete your appeal. Physical and cognitive symptoms require your full attention, which may mean allowing an attorney to handle your appeal. Attorneys have extensive experience successfully completing VA disability benefits appeals: While you may have limited experience dealing with the VA, your attorney should have many successful claims and appeals on their record. When choosing an attorney, consider a VA lawyer from Comerford Law Office. Our firm prides itself on helping veterans get the benefits their service entitles them to. Call Comerford Law Office Today for a Free Consultation About Your VA Benefits A lawyer from our firm is ready to take on your appeal or claim today. Call Comerford Law Office for your free consultation or submit your case details online. We understand veterans’ rights and how difficult the VA can be when veterans seek the benefits they deserve. Let our team fight for you.