Veterans have served our country with honor and bravery, and they deserve the utmost respect and care. When it comes to dealing with a Veterans Affairs (VA) disability claim, it’s crucial to have an open, honest, and detailed discussion with your doctor. The Comerford Law Office, LLC, with over two decades of experience in helping veterans, emphasizes the importance of this step and provides some actionable tips to make the process smoother.

The Importance of Discussing Your VA Disability Claim with Your Doctor

Your healthcare provider plays a pivotal role in your VA disability claim process. They hold the key to the medical evidence that can either support or weaken your case. Having a thorough and structured conversation about your disability claim with your doctor is not just beneficial but necessary. It can help you secure the benefits you rightly deserve and ensure you receive the appropriate care for your condition.

Formulating Specific Questions

The first step towards a fruitful discussion with your doctor is to prepare a list of specific questions related to your claim. These could be about the nature and severity of your disability, its impact on your daily life, and its long-term implications. Being clear and precise will help your doctor understand your situation better and provide the necessary support for your claim.

Providing Complete Medical Records and Relevant Medical History

Your medical records serve as concrete proof of your condition. Ensure you provide your doctor with complete medical records and relevant medical history. This includes all treatments, medications, hospital visits, and any other pertinent information. Presenting a comprehensive picture of your health situation can aid your doctor in accurately assessing your condition and affirming your disability claim.

Requesting Explicit Documentation of Symptoms and Related Health Issues

To strengthen your claim, request your doctor to explicitly document all your symptoms and related health issues. This should include the onset, duration, frequency, and intensity of symptoms, response to treatments, and any side effects. The more detailed the documentation, the better it will serve your claim. Additionally, it can also help your doctor in determining the severity of your disability and its impact on your daily life.

Discussing Work Limitations

If your disability affects your work performance and limits you from performing certain tasks, it’s crucial to discuss this with your doctor. They can provide a professional opinion on how your condition hinders or prevents you from being able to work. This information can be crucial in determining your eligibility for disability benefits and the level of compensation you may receive.

Other Physical, Cognitive, and Psychiatric Impairments

If you have other physical impairments like hearing loss, vision loss, or loss of a limb, or cognitive impairments or psychiatric conditions, make sure these are discussed and documented as well. Every piece of information can contribute to building a strong case for your VA disability claim.

Contact Us for Legal Guidance

At Comerford Law Office, LLC, we understand that dealing with a VA disability claim can be challenging. As a member of the National Organization of Veterans Advocates (NOVA), Attorney James Comerford is committed to protecting the rights of disabled veterans and assisting them through this process. If you need help with your VA benefits or are appealing a denial, reach out to us. You don’t have to do this alone. Your service matters, and so do you.

Posted in Blog | No Comments »

At Comerford Law Office, LLC, we understand the challenges that disabled veterans face when it comes to accessing the benefits they deserve. One crucial aspect of this process is understanding and interpreting the VA Rating Decision—a determination made by the Department of Veterans Affairs regarding a veteran’s eligibility for disability compensation. In this blog post, we will provide you with information on how to interpret a VA Rating Decision and its impact on veterans.

What is a VA Rating Decision?

A VA Rating Decision is a comprehensive evaluation conducted by the Department of Veterans Affairs to determine a veteran’s eligibility for disability compensation. This decision plays a significant role in determining the level of financial assistance and medical support that veterans are entitled to receive. It takes into account various factors such as health conditions, service history, and other relevant information.

The Stages of the VA Rating Decision Process

The VA Rating Decision process consists of several stages, each crucial in assessing a veteran’s eligibility for benefits. Let’s take a closer look at these stages:

1. Initial Filing of a Claim: The process begins with the veteran filing a claim for disability compensation. This involves providing detailed information about their service, health conditions, and any disabilities or injuries incurred during their time in the military.
2. Gathering Evidence: Once the claim is filed, the Department of Veterans Affairs gathers evidence to assess the validity of the claim. This includes reviewing medical records, service records, and any supporting documentation provided by the veteran.
3. Evaluations and Examinations: To make an accurate determination, the VA may require the veteran to undergo evaluations and examinations. These assessments help determine the extent of the disability and its impact on the veteran’s daily life.
4. Final Determination: Based on the gathered evidence and assessments, the Department of Veterans Affairs makes a final determination regarding the veteran’s eligibility for disability compensation. This determination is outlined in the VA Rating Decision.

Factors Influencing Rating Decisions

Several factors can influence the VA Rating Decision. These factors are carefully considered to ensure that veterans receive fair and accurate assessments of their disabilities. Some common factors include:

• Health Conditions: The severity of the veteran’s health conditions, including physical impairments, cognitive impairments, psychiatric and mental illnesses, and illnesses related to military service (e.g., PTSD, Agent Orange exposure, Gulf War syndrome), plays a significant role in determining the rating decision.
• Service History: The veteran’s service history, including deployment, combat experience, and any documented injuries or disabilities incurred during their time in the military, is taken into account during the assessment process.
• Relevant Information: Any additional information provided by the veteran, such as statements from medical professionals, personal testimonies, or evidence of the impact of the disability on daily life, can also influence the rating decision.

Navigating the VA Rating Decision Process

Navigating the VA Rating Decision process can be complex and overwhelming for veterans. However, working with experienced professionals like the attorneys at Comerford Law Office can significantly simplify the process and maximize outcomes. Our team has a proven track record of successfully helping veterans navigate this intricate system, ensuring they receive fair and compassionate decisions.

By partnering with Comerford Law Office, veterans gain access to valuable experience and guidance throughout the entire process, from the initial filing of the claim to appeals and follow-up actions. Our dedicated team will assist in identifying common errors, correcting mistakes, and presenting the strongest case possible to increase the chances of a favorable rating decision.

Seek the Assistance You Deserve

Interpreting a VA Rating Decision is a complex task that requires knowledge and experience. At Comerford Law Office, LLC, we are dedicated to helping veterans and disabled individuals access the benefits they rightly deserve. Contact us today to schedule a consultation to discuss your specific circumstances.

Posted in Blog | No Comments »

If you’re a veteran who served in the Gulf War and is experiencing chronic symptoms, you may be eligible for disability benefits. However, to receive these benefits, you must undergo a Compensation and Pension (C&P) exam. This exam is a crucial step in the process, as it helps determine the severity of your symptoms and their impact on your day-to-day life. In this blog, the Comerford Law Office provides veterans with information, tips, and insights regarding C&P exams.

Understanding Gulf War Syndrome

Gulf War Syndrome refers to a collection of chronic symptoms experienced by veterans who served in the Gulf War. These symptoms can vary from one veteran to another and may include fatigue, respiratory problems, neurological symptoms, skin conditions, and more. The Department of Veterans Affairs recognizes these symptoms as “undiagnosed illnesses” or “chronic multisymptom illnesses.” It’s important to understand the nature of Gulf War Syndrome and how it may affect you personally.

Significance of a C&P Exam

The C&P exam plays a significant role in the VA’s decision regarding disability benefits for Gulf War Syndrome. It helps evaluate the severity of your symptoms and their impact on your daily life. During the exam, the examiner will review your medical history, conduct physical examinations if necessary, and assess the connection between your symptoms and military service. The results of the C&P exam will greatly influence the outcome of your benefits claim.

Types of C&P Exams and Evaluation Criteria

There are different types of C&P exams depending on the specific symptoms and conditions you’re experiencing. The examiner will evaluate various factors to determine the severity of your symptoms and their impact on your daily life. These factors include the duration and persistence of symptoms, their connection to military service, and their overall impact on your ability to function. It’s important to be aware of the evaluation criteria specific to your condition and prepare accordingly.

How to Prepare for a C&P Exam

To ensure that you’re well-prepared for your C&P exam, follow these steps:

1. Gather Relevant Medical Records: Collect all relevant medical records, including documentation of your symptoms, diagnoses, and treatments. These records will provide essential evidence to support your benefits claim.
2. Make a Detailed Symptom List: Create a comprehensive list of all the symptoms you experience, noting their frequency, duration, and impact on your daily life. This information will help the examiner understand the severity of your condition.
3. Provide Military Service Details: Prepare a detailed account of your military service, including deployment locations and potential exposure to hazards. This information will help establish the connection between your symptoms and your time in service.
4. Research Common Questions: Familiarize yourself with common questions asked during C&P exams for Gulf War Syndrome. Practicing your answers can help you feel more confident and prepared on the day of the exam.

What to Expect on the Day of the Examination

On the day of your C&P exam, it’s important to be well-prepared and know what to expect. Here are some key points to keep in mind:

• Arrive Early: Arrive at the appointment early and bring all necessary documents and identification.
• Be Prepared to Share Information: Be ready to answer questions about your medical history, symptoms, and military service. Provide accurate and detailed information to ensure a thorough assessment.
• Physical Examinations or Tests: Depending on your specific symptoms, the examiner may perform physical examinations or order additional tests to gather more information.

How Comerford Law Office Can Help

At Comerford Law Office, we assist veterans with their disability benefits claims. Our team has extensive experience working with Gulf War Syndrome cases and can provide you with the support and guidance you need to navigate the C&P exam process successfully. Contact us today for a consultation to discuss your case and learn how we can help you receive the benefits you deserve.

Posted in Blog | No Comments »

Filing a disability appeal with the U.S. Department of Veteran Affairs is often a difficult process. If you wish to challenge a disability rating or decision, it’s crucial that you begin as soon as possible. You have one year from the date of the decision to file an appeal, but the VA disability appeal process might take several years. What is the typical length of the VA appeals process? Below, we cover a general timeline and what to expect. To learn how long the process may take in your situation, talk to our VA attorney at the Comerford Law Office. 

Initial Application

Once you’ve filed the initial application, you can initiate the appeals process after receiving a decision from the VA that indicates your disability benefits were denied. If you reopen a claim that has already been denied or request an increase, the process can take between 6 to 18 months. 

Rating Decision and Notice of Disagreement

The rating decision provides a detailed explanation of whether your application was approved or denied. You have a year to appeal the decision, which is done through one of three decision review options: filing supplemental claims, requesting a higher-level review or asking for a board appeal. If the first option you select does not achieve satisfactory results, you may try again using another option.

Supplemental Claims

Filing a Supplemental Claim allows you to add or identify new evidence that can be used to support your case. The evidence must not have been provided to VA previously and should be relevant to your case. You can submit the evidence yourself or request the VA to gather it for you. Ideally, applicants should submit their new evidence within a year of receiving the decision letter. On average, processing time takes about 4 to 5 months. 

Higher-Level Reviews

You may request that a senior reviewer complete a new review of your application within a year of receiving your decision letter. The process involves an informal conference call in which you or your representative discuss the errors that warrant a changed decision. Note that you cannot submit new evidence during this review.

Board Appeals

If you choose a Board Appeal, you will appeal your case to a Veterans Law Judge at the Board of Veterans’ Appeal. There are three options for a Board Appeal review: 

• Option 1: Direct Review. If you choose to request a direct review, the evidence you originally submitted will be evaluated by a Veterans Law Judge. You cannot submit new evidence for this review. The review takes an average of 1 year to complete. 
• Options 2: Submit New Evidence. You may also choose to submit additional evidence regarding your case for a Veterans Law Judge to review. This evidence needs to be submitted within 90 days of the date the VA receives your Board Appeal request.
• Option 3: Hearing. Veterans may also request a hearing for a Veterans Law Judge to review new, relevant evidence. While you are not required to submit additional evidence, you must do so on the day of the hearing or within 90 days thereafter. You will speak to the Veterans Law Judge via a virtual hearing, videoconference at a VA location or an in-person hearing at the Board in Washington, D.C. You can expect the Board to take up to 2 years to complete their review. 

Talk to a Knowledgeable VA Attorney

The VA disability appeals process is complex, and it can take time to receive the decision you are seeking. Call a Chicago VA lawyer at the Comerford Law Office for guidance through your case.

Posted in Blog | No Comments »

Amputees face significant challenges, both physical and financial, as they adjust to a new way of life. At Comerford Law Office, we understand the hardships that veteran amputees endure and believe in providing them with the support they need to navigate their daily lives. One crucial aspect of this support is accessing disability benefits, which can provide much-needed financial assistance. In this blog post, we will explore the various disability benefits available for veteran amputees and shed light on the application process.

Types of Disability Benefits

Disabled veterans are eligible for several types of disability benefits through the Department of Veterans Affairs (VA). Let’s delve into each of them:

1. Service-Connected Compensation: This benefit is designed to compensate veterans for disabilities resulting from their military service. The VA assigns disability ratings that determine the amount of monthly compensation. For instance, a veteran with a complete arm amputation may receive a 100% disability rating, whereas a leg amputation can also result in a 100% disability rating.
2. Special Monthly Compensation: Some amputees who have experienced severe disabilities may require additional assistance to cope with their challenges. Special Monthly Compensation is a program that offers financial support for specific circumstances. This includes providing assistance with daily activities and aiding those who have lost the use of specific body parts. The aim is to ensure that individuals with disabilities receive the necessary support to lead fulfilling lives and overcome any obstacles they may face.

Application Process for Disability Benefits

Applying for disability benefits may seem overwhelming, but it is a crucial step toward obtaining the support amputees deserve. Here’s an overview of the application process:

1. Gather Necessary Documentation: To begin the application, veterans must collect relevant medical records, military service records, and any other supporting documents that demonstrate the connection between their amputation and military service.
2. Complete the Application: Veterans can apply online through the VA’s eBenefits portal or submit a paper-based application. It is essential to provide accurate and detailed information to ensure a smooth review process.
3. Seek Professional Assistance: Navigating the complexities of the application process can be challenging, which often leads to denials. That’s why it is highly recommended for amputees to seek the assistance of a veterans disability attorney during the appeal process. At Comerford Law Office, our experienced attorneys understand disability benefits claims and can guide veterans through the entire process, maximizing their chances of success.

Contact an Experienced Attorney

Amputees who have served our nation deserve unwavering support as they face the challenges of living with disabilities. Disability benefits can make a significant difference in their lives, providing financial stability and peace of mind. At Comerford Law Office, we are committed to assisting veteran amputees in accessing these vital benefits. If you or a loved one is a veteran amputee, do not hesitate to reach out to us for personalized guidance through the application process. Together, we can ensure that those who have sacrificed for our country receive the benefits they rightfully deserve.

Posted in Blog | No Comments »

As a veteran, navigating the complex world of disability benefits can be challenging. However, with the right legal assistance, you can significantly improve your chances of receiving higher disability ratings and better financial benefits. In this blog post, we will explore the advantages of hiring a veterans benefits attorney and how their experience can make a difference in increasing your disability rating.

Legal Experience and Knowledge

One of the primary advantages of hiring a veterans benefits attorney is gaining access to their legal experience and knowledge in this field. We have a deep understanding of the laws surrounding disability benefits, including recent developments in veteran benefit law. We are well-versed in the intricacies of the system and can guide you through the process efficiently.

Gathering Evidence Effectively

A critical part of your disability claim involves gathering and presenting evidence, and this is another area where a veterans benefits attorney can provide invaluable assistance. We can help ensure that the evidence you submit demonstrates the extent of your disability and its impact on your life. This could cover medical records, expert testimonies, and personal impact statements. Furthermore, these attorneys understand what kind of evidence the Department of Veterans Affairs (VA) places the most weight on, thus increasing the likelihood of your claim’s success.

Complex Cases

If your case involves multiple disabilities or if you have been denied benefits in the past, it is crucial to seek legal representation. An attorney can assess your situation, identify any errors or gaps in your previous application, and work towards building a strong case for you.

Establishing a Service-Related Disability

Establishing a service-related disability is a significant aspect of receiving veterans benefits, and a veterans benefits attorney can play a vital role in this process. The attorney will assist you in proving the connection between your disability and your military service, which is often a challenging task for many veterans. Armed with an in-depth understanding of the legal criteria that the Department of Veterans Affairs (VA) uses to evaluate service-related disabilities, the attorney can help you gather compelling and relevant evidence to support your claim. This could range from military service records, medical expert opinions, and even historical data related to similar cases. The attorney can also guide you through the VA’s process for evaluating disabilities, helping you understand the rating system and how it applies to your case. By demonstrating a clear link between your disability and your military service, the attorney can enhance the chances of your claim being approved.

Securing the Benefits You Deserve

As a veteran, you deserve the benefits that you have earned through your service to our country. Hiring a veterans benefits attorney can be a game-changer in increasing your disability rating and securing better financial benefits. With our legal experience, in-depth knowledge, and dedication to protecting the rights of disabled veterans, we can navigate the complexities of the system and ensure that you receive the benefits you rightfully deserve.

If you’re a veteran seeking assistance with your disability benefits, we encourage you to contact the Comerford Law Office, LLC. Our experienced VA benefits lawyer, Attorney James Comerford, is passionate about helping veterans obtain the benefits they deserve.

Posted in Blog | No Comments »

If the VA’s determination regarding your benefits claim does not accurately align with the circumstances involved, you have options. If this is the situation you find yourself in, one of the most important steps you can take to protect your rights is to consult with an experienced Illinois veterans benefits attorney. 

The Most Common Reasons for Appeals

The primary reasons that veterans appeal VA benefit decisions include the following:

• The VA fails to recognize their disability as service-related
• The VA fails to attach the appropriate disability rating to their condition

Once you receive the VA’s decision, you generally have one year from the date the decision letter was issued to file a Decision Review Request (DRR). 

The Decision Review Request

The Decision Review Request is a formal VA process that allows veterans to request reviews of specific decisions. This review process is usually initiated when a veteran disagrees with the VA’s decision. Within the DRR context, veterans have options, which include:

• Supplemental claim
• Higher-level review
• Board appeal

Supplemental Claim

A supplemental claim allows you to submit any additional information or evidence that is relevant to your claim and supports your position. Examples include:

• The opinions of professionals with relevant expertise
• Supplemental medical records
• Any additional documentation that wasn’t included in your initial claim

This is your opportunity to strengthen your claim with additional documentation. 

Higher-Level Review

When you request a higher-level review, you request a senior reviewer to reconsider your claim from a fresh perspective – with an eye toward any errors or mistakes that may have been made during the initial decision-making process. Higher-level reviews are based on the evidence in the initial filing and do not allow the submission of new evidence. 

An informal conference can be scheduled within the higher-level review. This conference is a phone call that affords you and your attorney the opportunity to discuss why you believe the original decision was in error with the senior reviewer assigned to your case. 

Board Appeal

A board appeal involves taking your case before the Board of Veterans’ Appeals (BVA), an independent body. This process affords you the opportunity to have your case reviewed by a judge, and new evidence can be submitted. An in-person or videoconference hearing – at which you and your trusted attorney will present your case – may be scheduled. 

The BVA has the following three options in relation to every case:

• Reversing the original decision
• Upholding the original decision
• Remanding the case back to the regional VA office for additional consideration or further development 

An Experienced Illinois Veterans Benefits Attorney Is Standing By to Help

James Comerford is an accomplished veteran’s benefits attorney at The Comerford Law Office – proudly serving Chicago – and his impressive track record in the realm of claim appeals speaks to his focused commitment to his valued clients. We’re here for you, too, so please don’t hesitate to contact us for more information about what we can do to help today.

Posted in Blog | No Comments »

If you are receiving VA disability benefits, you rely on them to support yourself and your family, and the thought of your benefits being reduced or canceled altogether can be stressful. There are situations in which benefits can be lost in relation to health improvements, but this isn’t always the case, and an experienced Illinois veterans benefits attorney can help you protect your benefits in support of your fullest recovery and your best future. 

If Your Condition Is Expected to Improve

If your health condition is expected to improve, the VA has the right to address the issue at a later date – in order to determine if your disability has improved or disappeared entirely over the course of time. While overcoming a disability is naturally a worthy goal, it’s not always a possibility, and small improvements are unlikely to lessen your disability to the degree that you are no longer entitled to benefits. Ultimately, the VA is careful with its benefits to begin with, which means it isn’t likely to assign them when the recipient isn’t fully entitled. 

Reevaluations

If the VA expects your condition to improve with time, they will likely schedule a reevaluation within two to five years of assigning benefits. If your condition has vastly improved or has disappeared entirely, the VA can also reconsider your VA disability rating, which guides your benefits.  

The degree to which your disability affects your quality of life and your ability to function determines your disability rating. And any drastic change, such as a considerable improvement in your condition, can affect your benefits. 

Total and Permanent Disability Ratings

Some service-related disabilities are considered permanent and total, which are never expected to improve. For example, an amputated limb has no chance of improvement, and disability is total and permanent. There are, however, disabilities that can show improvement, and the VA can revisit them at later dates.

When a VA Rating Becomes Permanent

The VA won’t sever benefits for service-related benefits if they’ve been in effect for at least ten years. The only exceptions to this regulation include:

• If the recipient obtained their VA benefits under fraudulent circumstances 
• If the recipient was dishonorably discharged from the military 
• If the recipient didn’t complete their required service

Finally, if there is virtually no chance – or very little chance – that your serious disability is going to improve, its classification as total and permanent means your benefits can’t be reduced or canceled.  

An Experienced Illinois Veterans Benefits Attorney Is on Your Side

James R. Comerford is the Chicago veterans benefit attorney at The Comerford Law Office, and his experience, legal skill, and insight make him a powerful advocate for veterans like you. Your benefits play a profound role in your overall well-being, and we’re prepared to help zealously protect them. If you have questions or concerns about your veteran’s benefits, we encourage you to reach out and contact us for more information about what we can do to help you today.

Posted in Blog | No Comments »

If you are a veteran with a disability who has questions or concerns about a claim, working closely with an experienced Illinois VA disability attorney is always well advised. Finding a good fit, however, may require a bit of searching. When you’re armed with the right questions, you’ll be in a much better position to find a VA disability attorney who inspires your confidence and affords you the peace of mind you’re looking for. 

How much experience do you have successfully handling VA disability claims?

When your legal concern is something as complex as a VA disability claim, you need experienced legal guidance – not an attorney who dabbles in this area of the law. Finding an attorney whose practice focuses on these challenging claims is the way to go.  

What’s your plan for my clam?

The fact is that every VA disability claim is unique to all the following:

• The veteran themself
• Their unique disability 
• The specific circumstances involved

Ultimately, there is no one-size-fits-all approach that is the best path forward in every instance. If the attorney you’re interviewing is a good fit for you, they’ll assess your unique claim and will provide you with a solid plan regarding how best to proceed. 

Will you be handling my claim?

The attorney you consult with regarding your claim may not be the one handling it moving forward. In fact, your claim may be passed around. Feel free to ask who will be handling your claim. Having other people on the legal team working on your case can improve efficiency, but you also want to ensure your attorney will be accessible to you. If you are looking for a closer working relationship than the firm can offer, you may want to keep looking.

How accessible will you be?

You have a VA disability claim, and time is naturally of the essence. An attorney who doesn’t get back to you or is difficult to contact can leave you feeling alone out there. By asking specifically how you will be communicating with one another, how accessible you can expect them to be, and how much time your claim is likely to require, it can provide you with a roadmap for what’s to come, which many claimants find beneficial. 

It’s important to remember that your VA disability attorney works for you, and if you have questions that are important to you, you shouldn’t be afraid to ask them. Your claim is too important to leave to chance, and when you find the right attorney, you’ll know. 

An Experienced Illinois VA Disability Attorney Is Standing By to Help

James R. Comerford at The Comerford Law Office is a practiced Illinois VA disability attorney who has the compassion, focus, and legal skill to help you resolve your disability claim favorably. We are on your side and here to help, so please don’t put off contacting us for more information about what we can do for you today.

Posted in Blog | No Comments »

The only way to determine if you qualify for VA disability benefits is to apply for them. So long as you are a former U.S. soldier who served active duty or inactive duty for training, you can apply for VA disability benefits. If you received a dishonorable discharge, you will not qualify for VA benefits. The VA’s disability system can get complicated, though, and your chances of submitting a successful claim increase when you have help from an experienced VA benefits lawyer.

Basic Qualifications for VA Disability Benefits

The most basic qualifications for VA disability payments are:

• You are a former U.S. military veteran in good standing with the military
• You acquired a service-connected medical condition
• This condition prevents you from sustaining gainful employment

It sounds simple, right? In truth, the above elements can be quite difficult to prove.

Acquiring a Disability in the Line of Service

There are three types of disability claims:

• Preservice disability claim – You had a disability that was made worse or aggravated by your military service. The majority of these claims involve psychiatric illness aggravated by battle or combat trauma. The VA cannot deny your claim on the basis that you already had a mental illness when you joined up so long as you can prove your symptoms were aggravated by the stress of combat. Others may include toxic exposure and respiratory ailments.

• Inservice disability claim – You acquired a disability during your military service. Paralysis, loss of limb, traumatic brain injury, and toxic exposure are all inservice disabilities that are eligible for compensation. There are many others, as well.
• Postservice disability claim – Toxic exposure can result in cancers that are not obvious until after the soldier has completed their military service. Such claims may involve conditions that did not emerge until well after the soldier was discharged.

Presumptive Disabilities

While some conditions may be relatively easy to prove, others are quite difficult. If you are diagnosed with a chronic disease within one year of your discharge, you should seek out a lawyer immediately. The VA will give you the benefit of the doubt in some cases, and simply presume that your disability is service-connected. This means that you would not have to prove a connection to your service. However, specific rules apply.

As an example of this type of claim, Vietnam veterans who have specific conditions and were exposed to Agent Orange are presumed disabled by the VA. Former POWs qualify for presumptive disabilities. Today, Gulf War veterans may be presumed disabled.

In these cases, veterans only need to establish that they were at an exposure site and have an ailment linked to the exposure.

Talk to a Chicago VA Disability Attorney Today

For more information on applying for VA benefits, call The Comerford Law Office, LLC today and schedule a free consultation. Our experienced attorneys can sit down with you free of charge and discuss your options openly and honestly. Call today and we can discuss the merits of your claim.

Posted in Blog | No Comments »