Many veterans wonder what comes next after getting a decision on their benefits claim that doesn’t seem right. VA appeals can be successful, and often are, but they can also be frustrating to get through, especially if you’re filing more than one appeal (which is possible to do). Talk with a lawyer in Chicago, IL who understands all the rules under the current system and can lead you through the maze of red tape.

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Waiting for your disability benefits can leave you in a tough spot financially, and a good veterans lawyer knows just how much VA back pay matters for stability. Talk to us today at the Comerford Law Office so we can help you get things moving.

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When your VA claim is denied and that letter arrives, it can be devestated. A lawyer with experience helping veterans here in Chicago, IL can help you access all your rights and get through the processes required to challenge this decision.

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It’s common for the VA to deny a disability rating increase request, but these denials are rarely final. When you work with a local Chicago, IL lawyer who understands how to “speak the language” of the VA, your appeal has a greater chance of being successful. Here’s the most common reasons that the VA denies and what you and your lawyer can do about it.

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Many veterans struggle with sleep issues. Sleep apnea issues are, in fact, more than twice as common among veterans as in general society. The VA recognizes this, and ratings can be as high as 100% for this condition, but that doesn’t mean it’s easy to get the benefits you’re entitled to. Talk with a Chicago, IL PTSD disability lawyer for help in connecting your sleep apnea to your service.

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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.

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Many veterans in Illinois face challenges with their service-connected disabilities that make it impossible to hold down a steady job, and this can happen even when a veteran’s official VA disability rating is below 100%. Total Disability based on Individual Unemployability (TDIU) allows eligible veterans to receive compensation at the 100% disability rate, but it can be difficult to jump through all the hoops required to qualify. An experienced TDIU lawyer in Chicago, IL can help if you’re struggling and greatly improve your chances of qualifying.

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TDIU, or Total Disability Individual Unemployability benefits, exist for the good of veterans who have suffered in the service of their country and cannot work because of their service-related disabilities. A TDIU lawyer with experience here in the Chicago, IL area can help you understand whether you’re eligible, gather the evidence you need to prove it, and fight for you if you’re initially denied.


Do You Qualify for TDIU Benefits?

To qualify for TDIU, you must be able to demonstrate that your service-related disability is what is keeping you from gainful employment. At a minimum, you must have a 60% disability rating for a single disability that’s connected to your service or a combined rating of at least 70%, with at least one of those disabilities rating 40% or more. Essentially, this means the condition must be pretty severe, and it must be very clearly connected to your service.

Both physical and mental disabilities can be taken into account when figuring TDIU eligibility. However, the VA will only consider disabilities that you can directly link to your service, and that’s going to take a lot of medical evidence, comprehensive documentation from your service, and a full employment history. In most cases, legal representation is the only way to get through the appeals process with any hope of success if you’re initially denied.


What Is “Substantial Gainful Employment?”

Your disability must prevent you from having “substantial gainful employment,” and this is defined as work that gives you enough income to exceed the federal poverty level each year. What that poverty level is changes a bit each year, but that’s the benchmark that will be used. Thus, even if you’re able to do some work, so long as you don’t go over the federal poverty level, you can still qualify for TDIU.

In 2025, the poverty level for a single person living in the 48 contiguous states is $15,650 in annual income. For a couple, it is $21,150, and for households with more people, the amount goes up by $5,500 for each person.


What Is a “Service Connection?”

The most important step in your application for TDIU benefits will be establishing a connection to your service. You’ll need to show strong evidence, which should include medical records documenting the onset of your disability and its progression and which clearly link it to your service. You’ll also need service records that show what duties you had and any incidents you were involved in that could have caused your condition or made it worse.


Talk With a TDIU Lawyer Today in Chicago, IL

While TDIU benefits are designed to protect veterans and offer some recompense for what they’ve suffered in the service of our country, the process of getting the benefits you are owed is often frustrating and difficult. If you have questions about your TDIU eligibility, need to bring a claim, or want to appeal a denial, reach out to us today at the Comerford Law Office in Chicago, IL. We also have offices in Jonesborough, TN and Highland, IN. 

Military service is stressful and traumatic, and, fortunately, the VA now acknowledges that this stress and trauma have long-term effects on veterans. If you are a Chicago, IL veteran suffering from PTSD, generalized anxiety disorder (GAD), or any other similar issue, talk to a veterans’ benefits lawyer to get the help you need to claim the benefits you are owed.

How to Claim VA Benefits for Anxiety Disorders

Talk With a Chicago, IL Veterans’ Benefits Lawyer

The first step is to speak with a lawyer who has experience dealing with the VA. Even though the VA now acknowledges that veterans do suffer mental health disorders because of the trauma of their service, it’s still not easy to get the benefits you are owed. You’ll need to fill out lots of paperwork and attach all the proof the VA requires to get the proper rating. This can be difficult to do even under the best of circumstances, and if you’re suffering from panic disorder, social anxiety disorder, PTSD, or other issues, it can feel so overwhelming that you don’t want to even try.

By contacting a lawyer with experience, you get someone on your side taking care of the legalities and communication on your behalf. 

Work With Your Lawyer to Determine If You Meet the Criteria

You’ll need to talk with someone who has experience and get evidence from your doctor to show that you meet three key criteria:

You Have a Current Diagnosis

First, you must have a current medical diagnosis. This must be in your medical records, either with a private medical service or in your service treatment records or VA records.

You Can Show a Service Connection…

The second criterion is to show that your anxiety was either caused by your military service or made worse by it. You’ll need to be able to show either a direct or a secondary connection. For a direct connection, you would need to show evidence of a specific event that caused or worsened your anxiety issue. This would be, for example, proof that you were in combat. Along with that, you’ll need to show a medical opinion that it is more likely than not that your time in the service either caused or worsened the issue.

A secondary connection is where you have developed an anxiety disorder as a result of some other service-related disability. For example, if you suffered injuries that now cause you chronic pain, and if this chronic pain has caused you to develop an anxiety disorder, this would be a secondary connection. 

…Or, You Can Show Aggravation of a Pre-Existing Condition

You can also collect benefits if you can show that your anxiety was worsened by your service. You will have to be able to show that what you’re suffering is not just the natural progression of your disorder but has actually been made worse by your service.

Talk to us today at the Comerford Law Office in Chicago, IL for experienced help. We also serve veterans in Jonesborough, TN and Highland, IN.

If you’re realizing that your VA rating just doesn’t reflect what you’re really going through, a Chicago, IL lawyer with experience helping vets like you can assist you in getting the VA disability rating increase you need to truly reflect your situation.


What Steps Can You Take to Request a VA Disability Rating Increase in Illinois?

Talk to a Chicago, IL Lawyer

The first step is to talk with a lawyer who has experience in these matters. The claims process form alone is neither intuitive nor easy to fill out, and the regulations are difficult to get through. If you’re missing any documentation, you could end up with delays or even a denial.

Bringing an appeal is your right, but that’s not easy, either. An attorney will strengthen your case, fight for what you’re owed, manage your claim, and can even act as your power of attorney if your disability makes it especially difficult for you to handle things on your own. Your lawyer is going to push hard for the benefits you deserve, and together, you and your lawyer will do the following to get your rating increased:


Gather the Needed Evidence

The more medical documentation you have, the better. The VA is going to look for recent medical records showing the progress of your condition, detailed explanations from a doctor about exactly how your daily life is affected by your condition, and concrete proof that your symptoms have gotten worse, are appearing more often, or are lasting longer when they show up.


File a Claim

Once you have your evidence, you’ll need to file a claim to get a disability increase. This requires properly filling out VA Form 21-526EZ and attaching all your medical records and doctor statements. If you have evidence of how your disability is interfering with your ability to work, this will be especially helpful, and your lawyer can help you find the right evidence to show this.


File for Secondary Conditions

If you’re already suffering from a service-connected disability, it’s not uncommon for you to develop a secondary condition. Secondary conditions can be somewhat difficult to prove, since the VA often doesn’t want to work very hard to connect those dots, but if you are able to successfully claim for a secondary condition, it can increase your total monthly compensation for disability.


File an Appeal

If your first claim is denied, don’t give up. An experienced lawyer will be able to look over your claim and tell you whether it’s likely the denial is valid. And if it’s not, you can appeal for a higher-level review, where you don’t submit any new evidence but someone higher up takes a look at the case, or you can file a supplemental claim if you have new evidence that needs to be reviewed. You can also appeal to the Board of Veterans’ Appeals to have a Veterans’ Law Judge consider your case.

There are other options, and we can help. Don’t be discouraged: call us at the Comerford Law Office in Chicago, IL for help. We also have offices in Jonesborough, TN and Highland, IN.