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.

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Although the Vietnam War ended nearly a half-century ago, many veterans who served in that conflict continue to suffer from the effects. For example, many veterans are still dealing with their exposure to the toxic herbicide known as Agent Orange. In 1991, Congress adopted the Agent Orange Act, which created a legal presumption of a “service connection” for veterans who developed certain diseases while serving in Vietnam. In plain English, the law assumes that if a Vietnam veteran later developed a listed disease, it was assumed to be the result of Agent Orange exposure, unless there was “affirmative evidence” to the contrary.

No Legal Distinction Between Inland, Offshore Territorial Waters of Vietnam

The Agent Orange Act specifically covers military personnel who “served in the Republic of Vietnam” between January 1962 and May 1975. The “Republic of Vietnam” refers to what was formerly called South Vietnam. According to a recent decision by a federal appeals court, the Republic of Vietnam included not just the land territory and internal waters of former South Vietnam, but also its offshore waters.

More to the point, the Court determined the Agent Orange Act covers veterans who served aboard ships but who never physically set foot in Vietnam. The plaintiff, in this case, Procopio v. Wilkie, served aboard the U.S.S. Intrepid from 1964 to 1967 while a member of the U.S. Navy. In the summer of 1966, the Navy deployed the Intrepid to the offshore waters of the Republic of Vietnam.

Nearly 30 years later, the plaintiff developed diabetes mellitus and prostate cancer, both of which are known conditions related to Agent Orange exposure. The plaintiff sought benefits under the Agent Orange Act. The VA denied the plaintiff’s request, however, on the grounds that was never present “on the landmass or the inland waters of Vietnam during service.”

The plaintiff appealed the VA’s decision to the U.S. Court of Appeals for the Federal Circuit in Washington, DC. On January 29, 2019, the Court held by a vote of 9-2 that the VA’s reading of the law was incorrect. There was no dispute the law covered veterans who “served in the Republic of Vietnam.” Contrary to the VA’s position, the “Republic of Vietnam” also included its offshore territorial waters.

This is not exactly a surprise to anyone who understands the basics of international law. Under a 1982 United Nations convention, the “territorial waters” of a given sovereign state extends up to 12 nautical miles (roughly 13.8 miles) from the low-water mark of the country’s shoreline. Anything within this 12-nautical mile zone is therefore considered part of the country’s territory, the same as any landmass or internal waters (such as rivers).

Given this, the Court here concluded that service onboard a naval vessel parked within the Republic of Vietnam’s territorial waters was, for all intents and purposes, “in the Republic of Vietnam.” The plaintiff was therefore “entitled to a presumption of service connection for his prostate cancer and diabetes mellitus.”

Speak with a Dedicated Veterans Benefits Lawyer Today

The Federal Circuit’s decision is welcome news for a number of “blue water” veterans who served on offshore vessels during the Vietnam War and developed Agent Orange-related complications as a result. If you need assistance from a qualified veterans benefits lawyer in pursuing a claim related to Agent Orange, contact The Comerford Law Office, LLC today to schedule a free consultation.

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Social Security Administration (SSA) officials recently announced that the cost-of-living payments for beneficiaries in 2019 will be increased by 2.8%. Under current federal law, these annual cost-of-living increases automatically boost other federal benefits. For instance, this increase will serve as a baseline for veterans who receive disability pay, as well as military retirees who receive payouts from the Department of Veterans Affairs (VA), so covered individuals could receive a boost in disability pay, clothing allowances, dependent compensation, and a host of other benefits starting in January. To learn more about these cost-of-living adjustments and how they could affect your own payments, please contact a member of our veterans benefits legal team for assistance.

Cost-of-Living Adjustments Now Automatic

For the first time, and as a result of years of pressure placed on Congress by veterans advocates, cost-of-living adjustments are now automatic for veterans who receive certain benefits. This means that, like Social Security benefit cost-of-living calculations, which are automatically updated every year to keep pace with inflation, Congress is no longer required to pass legislation on an annual basis to increase the rates of veteran disability compensation. Instead, the rates of compensation for veterans with service-connected disabilities, and the surviving family members of disabled veterans who collect dependency and indemnity compensation will be able to receive the same annual cost-of-living adjustments as Social Security benefit recipients.

Significant Increase

Cost-of-living adjustments are calculated using the Consumer Price Index, which measures the cost of goods and other expenses across the nation from July through September of the current year and then compares it to the previous year’s levels. Generally, if the Consumer Price Index increases, then the cost-of-living amount also changes. According to the SSA, next year, the cost-of-living will increase for Social Security benefit recipients, as well as some veterans and their families by 2.8%, which represents the highest adjustment since 2012 by nearly 1%. Based on these increases, it is estimated that veteran and military retirees who receive around $1,500 a month in payouts will receive an additional $500 over the course of the year. This significant of an increase in the cost-of-living could prove crucial to many veterans and their families who rely on their monthly benefit or pension checks, so if you have questions about how the increase will affect your own payments, please contact our legal team today.

Call Today to Speak With an Experienced Veterans Benefits Attorney

If you are currently collecting veterans benefits or believe that you may qualify, you need the advice of an experienced attorney who can help represent your interests. Please call The Comerford Law Office, LLC at 312-863-8572 today to speak with a dedicated veterans benefits lawyer who can explain your legal options and assist you in submitting your own claim or filing a notice of disagreement.

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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.

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Veterans who have been approved to receive veterans’ benefits should not have to worry that logistical issues will prevent them from receiving the compensation they deserve. However, there are numerous reasons that benefit delays occur, and often those delays are preventable. One of the more recent problems affecting benefits concerns student veteran benefits. According to a recent report from NBC News, student veterans have been facing significant harms as a result of benefits delays by the U.S. Department of Veterans Affairs. In response to those delays, Congress passed two laws at the end of 2018 designed to ensure that student veterans would receive the benefits they are owed.

Bills Pass to Help Student Veterans Receive Benefits

At the end of the 2018 legislative session, Congress passed two separate bills related to student veterans benefits. According to the report, the Forever GI Bill Housing Payment Fulfillment Act “aims to ensure veterans received all the money they were owed.” The second bill, the Veterans Benefits and Transition Act of 2018, is designed to “further protect recipients from suffering consequences because of VA’s delay.” Why is there a need to pass legislation that promises veterans benefits that they already are owed?

As the report explains, “thousands of student veterans received late or incorrect housing payments this past semester because of computer problems at the VA.” Some of those veterans also did not receive tuition payments. As a result, many student veterans found themselves in complicated financial positions, from being unable to make housing payments to being unable to pay tuition at their colleges. In response to errors at delays from the VA, a number of those student veterans ended up using their credit cards to make the payments they owed—taking on substantial amounts of high-interest debt—or taking out personal loans to cover the money that they expected to receive from the benefits they were promised.

Computer Problems Resulted in Veterans Benefits Errors

The underlying reason that many veterans did not receive the benefits to which they were entitled was a preventable problem — computer issues. Trump signed a veterans benefits law in 2017, but in attempting to implement it, the VA computer systems began having problems. More specifically, “the bill required the VA to calculate housing in a new way, but the change caused computer systems to freeze and delayed benefit payments.”

The recent legislation requires the VA to fix remaining problems and to ensure that student veterans receive proper benefits. The legislation also requires that a team audits veterans benefits payments to ensure that no mistakes are made and to take action when errors do arise.

Contact a Veterans Benefits Attorney in Indiana

Applying for veterans benefits or appealing a veterans benefits decision can be complicated. If you are not currently receiving the veterans benefits you deserve, you should speak with an Indiana veterans benefits lawyer about your options. Our firm has experience with a wide variety of veterans benefits issues, from filing a form 9 to filing a notice of disagreement. Contact the Comerford Law Office, LLC to learn more about the services we provide to clients in Indiana and Illinois.

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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.

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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.

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Last summer, the Veterans Affairs Maintaining Internal Systems and Strengthening Integrated Outside Networks Act, which is more commonly known as the VA Mission Act, was passed by Congress and signed by the President. The law addresses a host of concerns raised by veterans, lawmakers, and advocates in recent years about the VA’s numerous and often competing community care programs, which have now been merged and consolidated into a single Veterans Community Care Program. This program is anticipated to reduce the complexity of applying for and administering these benefits by making more efficient use of the VA’s resources. The VA has been given one year to develop regulations that will help implement the changes.

If you have questions about how the new law will affect your own rights, it is important to speak with an experienced Illinois VA disability benefits attorney who can address your concerns.

Changes to Community Care

The VA Mission Act consolidates seven different VA community care programs into a single entity, which is tasked with providing care to veterans enrolled in the VA healthcare system or who are otherwise entitled to VA assistance. This comes with an obligation to coordinate veterans’ care, which includes:

• Scheduling medical appointments in a timely manner;
• Ensuring the continuity of services and care;
• Coordinating coverage for those who require VA care that is offered outside of their region; and
• Ensuring that veterans do not experience a lapse in healthcare services.

The application of these requirements means that the VA must now provide access to community care in certain situations, namely when:

• The VA does not offer the services or care that a veteran requires;
• The VA does not operate a full-service facility in a veteran’s state;
• The veteran is eligible to receive care according to the 40-mile rule;
• The VA is not able to provide care that meets access standards; or
• A veteran and his or her referring clinician agree that providing care in the community would be in the veteran’s best medical interest based on the distance between the veteran and the facility where care is provided, the nature of the services, how often care must be provided, the timeline of available appointments, and whether the veteran faces an excessive burden in accessing VA care.

To fulfill these obligations and ensure that veterans receive care when necessary, the VA will also be required to enter into contracts with private healthcare networks.

Access to Walk-in Services

The VA Mission Act also authorizes the VA to provide walk-in care for enrolled veterans by entering into agreements with community providers and federally-qualified health centers. However, these services only need to be provided if the veteran in question used VA healthcare services in the previous two years. Furthermore, veterans who do not owe a copayment at the VA are entitled to two free visits, after which the VA will be permitted to charge an adjustable copay. Veterans who are required to make a copayment, on the other hand, would be permitted to pay that copay for the first two visits, at which point, the VA could begin charging an adjusted copay for additional visits. Finally, the VA will be required to ensure that walk-in providers have access to all VA medical records.

Call Our Legal Team Today

To speak with dedicated VA benefits attorney James R. Comerford about how the new VA law could affect your own rights, please contact The Comerford Law Office, LLC by calling 312-863-8572 or by sending us an online message today.

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Earlier this summer, the House of Representatives unanimously passed HR 299, also known as the Blue Water Navy Vietnam Veterans Act and forwarded it to the Senate. Upon receiving the bill, the Senate referred it to the Committee on Veterans Affairs and has yet to hold a vote. If passed, this law would allow as many as 90,000 “Blue Water Navy” veterans who served on ships that operated on the coast of the Republic of Vietnam or Cambodia during the Vietnam War to become eligible for VA healthcare and disability compensation for their exposure to defoliants, such as Agent Orange.

If you have questions about your own eligibility for VA benefits based on your potential exposure to Agent Orange under both current law and the proposed bill, you should consult with an experienced Agent Orange lawyer who can walk you through the eligibility requirements.

Current Law

Under current law, the Department of Veterans Affairs (VA) offers disability compensation to veterans who were exposed to dangerous herbicides such as Agent Orange during their military service. Agent Orange, which was made up of a number of tactical herbicides, was used by the U.S. military to remove dense tropical foliage that provided enemy cover in Vietnam and Korea. Unfortunately, it was not until decades later that researchers discovered the link between exposure to Agent Orange and certain deadly diseases. In an effort to simplify the process for receiving compensation for these conditions, the VA instituted a policy by which certain diseases are presumed to be the result of exposure to Agent Orange. Under this presumptive policy, veterans who served in Vietnam or on inland waterways between 1962 and 1975 or in or near the Korean demilitarized zone between 1968 and 1971 are not required to prove that their illness began during or was worsened by military service unless their illness is not included on the list of recognized conditions.

One of the few exceptions to this rule applies to blue water veterans suffering from non-Hodgkin’s lymphoma, who are not required to prove that they actually set foot in Vietnam or provided inland waterway service in order to qualify for disability compensation.  

Blue Water Veterans Bill

If passed, HR 299 would extend the VA’s blue water veterans exception to make disability benefits available to veterans who did not actually serve on land during the Vietnam War, but who patrolled within 12 nautical miles of Cambodia or Vietnam between January 9, 1962, and May 7, 1975. Although the change would result in tens of thousands of veterans becoming eligible for benefits, many critics have expressed concern over the scientific evidence, or lack thereof, being used to support the bill. For instance, research conducted by the Institute of Medicine showed that Agent Orange is broken down by sunlight within a few hours and that it is unlikely that any particulate residue would have gotten into the open ocean where it could have posed a risk to shipboard crews. How this evidence will be weighed by the Senate remains to be seen, as the bill continues to linger in the Committee on Veteran’s Affairs.

The Legal Representation You Deserve

To speak with dedicated VA accredited attorney James R. Comerford about whether you or a loved one qualify for Agent Orange disability benefits, please contact The Comerford Law Office, LLC at 312-863-8572.

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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.

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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.

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