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:

1. Supplemental Claim
2. Higher-Level Review
3. 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.

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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.

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The U.S. Department of Veterans Affairs (VA) explains that there are three ways to appeal a denied veterans benefit claim,  which are:

1. Supplemental Claim
2. Higher-Level Review
3. 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.

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If the United States Department of Veterans Affairs (VA) denied your application for Total Disability Individual Unemployability (TDIU), you could pursue one or more appeal options. If you are able to get a TDIU designation through an appeal, you will be able to get a 100% disability rating and the monthly compensation that rating entitles you to.

TDIU status can provide much-needed financial stability for you and your loved ones. If you have questions about this status or want help seeking a TDIU designation from the VA, a lawyer from  Comerford Law Office can assist you.

Appeal Options for Those Whose TDIU Application Gets Denied

The VA often denies claims, whether those claims are for a TDIU or otherwise. The smallest of errors can lead to a claim denial, while the VA may cite a lack of documentation and other reasons for denying a claim.

When faced with a claim denial or another decision you disagree with, the VA provides three primary appeal options. These options are:

• Higher-Level Review: When you request a Higher-Level Review, you ask that a more senior official review your claim. In this case, you’ll hope that the senior official deems you worthy of TDIU status.
• Supplemental Claim: If the VA states that your original claim lacked sufficient documentation to assign you TDIU status, you may file a supplemental claim. In this claim, you’ll provide any documentation that indicates you are unable to work and, therefore, worthy of a TDIU designation.
• Board Appeal: With this option, you request that a law judge review the decision to deny you TDIU status and hope that they will rule that you should get the TDIU designation.

It is not always obvious which type of appeal you should seek. A VA lawyer can help with every aspect of your TDIU claim, including any necessary appeal.

What Do You Stand to Gain from TDIU Status?

If you are able to get TDIU status, you will receive the maximum benefits provided by the VA. The precise monthly value of these benefits varies based on your dependent status, but the benefits are meant to reflect your inability to maintain substantially gainful employment.

Call Comerford Law Office Today for Help Seeking TDIU Benefits

If you are a veteran who cannot work regularly and lack the income that regular work provides, you may deserve TDIU status. The VA does not assign veterans 100% disability ratings frequently, though, and a lawyer from Comerford Law Office will fight to get the benefits you deserve.

Call our team today for a consultation or provide the details of your claim (or appeal) online. You don’t have to fight alone—Comerford Law Office has your back.

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Whenever you are receiving medical care in the context of a U.S. Department of Veterans Affairs (VA) disability claim, you must be intentional. Whether you are participating in a VA-sanctioned Compensation & Pension (C&P) exam or are receiving other medical services, it is important to protect yourself and put your claim (or appeal) in position to succeed.

If you have questions or concerns related to a VA disability claim, Comerford Law Office can help you. Our attorneys can guide you through medical appointments, help you get documentation, and complete your claim or appeal.

In the meantime, you can make the most of your medical appointments by:

• Bringing every medical issue to your doctor’s attention

Your medical appointments are the time to speak up. If you have an injury, illness, or other medical issue that you believe is service-connected, help your doctor help you by telling them about your problem.  You should mention any medical issue that:

• Begun during or shortly after your service
• Became worse during your service
• You have any reason to believe is service connected

Ask for a diagnosis of these conditions, as the VA may be more likely to provide benefits for specific, diagnosed ailments rather than undiagnosed problems. 

• Pressing for medical answers

The VA does not always give veterans the benefit of the doubt. It may require a high standard of documentation before it is willing to grade your medical conditions accurately. Therefore, you must do everything in your power to get clear, documented answers from your doctors.

Some general tips to help you get useful information from medical professionals include:

• Writing down your symptoms and concerns before you arrive at your medical appointments
• Asking a doctor about any tests, imaging services, or other procedures that may lead to a clear diagnosis
• Not settling for the “wait and see” approach to your medical ailments, as the VA typically requires a clear diagnosis before it recognizes a medical condition 

Aside from your attorney, nobody will advocate for you to get the medical answers you deserve. Therefore, you must ensure that you press for thorough evaluation and accurate diagnoses during your doctors appointments. 

• Getting documentation for all care and diagnoses

The VA will use medical documentation to determine your disability rating. This rating will determine how much compensation you can receive for your disability. Therefore, it is critical that you get as much documentation of your medical conditions as possible.

Useful documentation may include:

• Medical imaging
• Doctors’ written diagnoses
• Your own accounts of symptoms 
• Medical bills for evaluation and treatment you’ve received 

When in doubt, get a copy of medical records and bills. An attorney from our firm can help you identify and collect all medical documentation that will be helpful to your claim or appeal.

Call Comerford Law Office Today for Help With Your VA Disability Claim or Appeal

Our attorneys can also help you get medical care for your service-connected ailments. Call Comerford Law Office today or provide your information online and our team will contact you.

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Veterans seeking benefits for a service-related injury or illness have much to deal with. The very fact that a veteran is seeking benefits from the U.S. Department of Veterans Affairs (VA) indicates that they are struggling from a health perspective, which can leave little time or energy to deal with a VA claim or appeal. 

Before proceeding further, know that the attorneys at Comerford Law Office are available to assist with your claim or appeal. If you hire a lawyer to handle your claim or appeal with the VA, you receive several benefits including:

Prioritizing Your Health

If you are suffering from a service-connected illness or injury, rest may be a critical component of your recovery plan. You may have difficulty resting (or following other aspects of your treatment plan) if you have to oversee the VA claims or appeals process. 

The American Psychological Association (APA) notes that stress can cause or worsen various health conditions. For many veterans, dealing with the VA—and particularly facing the consequences of a claim denial—is immensely stressful. One motivation for hiring a lawyer may be to focus as much of your attention on your health and recovery as you possibly can. 

Relying on the Lawyer’s Experience with VA Disability Claims and Appeals

As a veteran, you may have limited experience with the VA’s disability claims and appeals departments. An attorney who regularly handles VA disability benefit claims and appeals will have substantial experience, and this relevant experience may:

• Allow the attorney to respond quickly and appropriately to the specific roadblocks you face
• Allow the attorney to anticipate potential responses to your appeals, and other tactics VA representatives may use in response to your claim or appeal
• Allow your lawyer to foresee the potential challenges to your claim or appeal, and to prepare a response to each of those challenges

A lawyer’s experience may inform their strategy in your claim or appeal. 

Potentially Receiving All of the Benefits You Are Entitled To

If you retain an attorney with relevant experience, ample resources, and a will to get the benefits you deserve, they may secure the compensation you need for your medical condition. While an attorney can never guarantee results, you may credibly believe that an experienced lawyer is best suited to lead your claim or appeal.

An attorney can handle every aspect of your claim, including:

• Strategy
• Paperwork
• Collection of evidence and documentation
• Communications with the VA
• Appeals

The VA affords multiple ways to seek benefits and appeal incorrect decisions. Your attorney will exhaust all available avenues to seek the benefits you deserve.

Call Comerford Law Office Today for a Free Consultation About Hiring a VA Lawyer

Take advantage of a VA lawyer’s services and experience while you focus on recovery. Call Comerford Law Office today or provide your claim information online.

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As a disabled veteran, dealing with the VA can be frustrating, stressful, or even damaging to your health. When you hire a VA lawyer to seek the benefits you deserve, you insulate yourself from the pitfalls that come with the VA disability claims and appeals processes.

If you want fair benefits for your service-related medical conditions but want substantial help from an experienced lawyer, Comerford Law Office is available to represent you. We offer to fight relentlessly for the benefits you deserve, just as you fought for us during your service.

Some clear benefits of hiring a VA lawyer to represent you include:

Having Experience on Your Side

Experience is always a benefit when it comes to dealing with the VA. When veterans act on their own behalf, they only get the benefit of their own experiences. An attorney who represents many veterans, on the other hand, has a much larger trove of experiences to draw upon.

With each new interaction a lawyer has with the VA, they:

• See trends in how the VA handles veterans disability claims and appeals
• Learn how to overcome various problems related to VA disability claims and appeals
• Become familiar with terminology, processes, and requirements specific to VA disability claims and appeals
• Develop an intimate knowledge of how to seek and obtain fair benefits for their clients

Lawyers may develop an expert-level understanding of the VA and its claims process, and you may value this experience and knowledge that a lawyer can provide.

Protecting Your Health 

The word “stress” is commonly associated with the VA. When VA officials make veterans jump through hoops to obtain benefits that they are entitled to, those veterans may experience a great number of negative emotions. These emotions may have harmful health effects, as may the physical and cognitive demands of a VA disability claim or appeal.

By hiring a lawyer to take your claim or appeal off of your hands, you may protect yourself from new or worsening health problems.

Embracing Teamwork in a High-Stakes Situation

Getting fair disability benefits can drastically improve your quality of life. Conversely, living without the VA disability benefits you deserve could cause significant hardship. The stakes of your VA disability claim or appeal are high, and you may want all the help you can get as you fight for the compensation you deserve.

Call Comerford Law Office Today to Hire a VA Lawyer Who Will Fight for Your Benefits

The VA often denies veterans’ first attempt at getting disability benefits, and there are several ways to appeal incorrect VA decisions. Whether you have yet to file a claim or need to file an appeal, the VA lawyers at Comerford Law Office can fight for the disability rating and related benefits that you deserve.

Call our team today for a free consultation or provide your case information online to let us assist with your claim or appeal.

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If you or a loved one spent more than 30 days at Camp Lejeune between the years of 1953 and 1987, and your health was affected by exposure to toxic water, you may be entitled to significant financial compensation. Congress has passed a new law that allows you to seek financial compensation after years of denying veterans and the effects of the water at Camp Lejeune. Do not wait to discuss a possible case with an experienced attorney.

The Military Put You in Harm’s Way

For over three decades, the military exposed those who served at Camp Lejeune and their families to grave harm. Those who oversaw the expansion of the base overlooked concerns and placed a buried chemical dump dangerously close to groundwater wells that fed a water treatment plant. They also failed to anticipate the harm caused by an off-base dry cleaner which improperly dumped chemicals that tainted the base water supply. As a result, the following dangerous chemicals have been found in Camp Lejeune water:

• Benzene
• Trichloroethylene
• Tetrachloroethylene

Research studies have shown that Camp Lejeune veterans have developed certain illnesses at a much higher rate than those who served at other bases. They have also been shown to have a much higher mortality rate.

Congress Passed a Law that Helps Injured Service Members

Congress passed a new law that creates a special cause of action that allows Camp Lejeune veterans and their families to file a claim against the federal government. Previously, veterans who filed lawsuits had their cases dismissed. There is a judicial doctrine that makes it extremely challenging for injured veterans to sue the federal government. In addition, there was a North Carolina state law that prevented veterans from suing. The fact that the government failed to come clean for decades actually worked against veterans who wanted to sue. Now, Congress has changed this with the Camp Lejeune Justice Act.

You Must Act Quickly to File a Claim with the Government

You have two years from the date that the law was signed to file a claim. First, you must go directly to the government with your documentation that shows that you 1) were at Camp Lejeune for the required amount of time and 2) have an illness that was caused by or could have been caused by the toxic water at Camp Lejeune.

If you can establish your eligibility for financial compensation, the government may make you a settlement offer. Congress has estimated that the government will need to spend more than $6 billion to pay these claims. When you have an experienced attorney on your side, you may be able to negotiate the proper amount of compensation with the Department of Defense. If you are still not satisfied with the result of your claim, you may file a lawsuit against the government in federal court in the Eastern District of North Carolina.

Contact a Camp Lejeune Lawsuit Attorney

The Comerford Law Office is passionate about helping veterans seek compensation for the grave injustice to which they were subjected by the government that they were serving. Your first step is to contact us online to schedule your free initial consultation.

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One of the most common VA disability claims involves traumatic brain injuries. A traumatic brain injury (TBI) is an injury that happens after the brain has experienced a substantial blow.

This blow can include either blunt force trauma or a penetrating injury. Because traumatic brain injuries can temporarily or permanently affect your cognitive abilities, it’s difficult to tell when you’re suffering from one.

Here are some characteristics to look out for when you want to determine if you’re suffering from a TBI.

Disorientation

Mild or moderate TBIs cause you to experience a sense of disorientation. Some symptoms of disorientation could be consistent headaches, dizziness, or memory issues. Some physical symptoms could be vomiting or nausea.

If your brain injury progresses, you may experience additional symptoms like fatigue, concentration issues, and mood swings.

Persistent loss of consciousness

Another common characteristic is a constant loss of consciousness. This can happen from minor TBIs like concussions and progress to more severe injuries like a coma.

This can be dangerous because TBI victims could fall asleep after suffering from a head blow and never wake up. It’s also difficult to determine because some health professionals may recommend that rest help a TBI victim.

A persistent loss of consciousness could be a headache that worsens over time or a state of profound confusion. Speak with a VA disability attorney about your symptoms.

Sensory issues

The damage to your brain can also affect your senses, especially if it’s the part of the brain that deals with sensory processing. When this part of the brain is altered, you may experience hypersensitivity and stimulation with your senses.

You can experience symptoms like blurred vision, ringing in the ears, issues with smell, or sensitivity to light and sound. In some cases, you may experience a bad taste in your mouth.

Headaches

Headaches are the most common symptom of a traumatic brain injury. They are one of the most unpredictable symptoms because they can last for a few hours or days. Headaches can be an indicator of something more serious. They can happen after surgery or because blood is collected around your skull.

One of the types of common headaches after a TBI is migraine headaches. These headaches happen because there is a part of your brain that becomes hypersensitive. Some symptoms include a dull, throbbing sensation, nausea, and a pain level ranging from moderate to severe.

Concentration Issues

After suffering from a TBI, you may experience concentration issues. You may have problems focusing, paying attention, or dedicating attention to more than one thing. It is typical for TBI victims to experience issues with attention, concentration, problem-solving, learning, and memory.

Speak With A VA Disability Attorney Today

When you have suffered a TBI during active duty, speak with a VA disability attorney at the Comerford Law Office. Our attorneys understand how important it is for you and your family to obtain the necessary benefits. Call our office or submit our contact form today to schedule a consultation with a VA disability attorney.

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The Camp Lejeune Justice Act is a long overdue measure passed by Congress to finally do right by the scores of veterans and their family members who were sickened through prolonged exposure to toxic water. However, the law provides only a temporary solution, and if you miss the window of opportunity, you may lose the right to financial compensation. Here are some key points that veterans should know about the Camp Lejeune Justice Act. To discuss your situation and options for filing a claim, contact an attorney about your rights.

The Government Exposed Veterans and Their Families to Grave Harm

For over three decades, service members and their families living at Camp Lejeune or MCAS New River bathed in and drank toxic water. There were three water treatment plants that relied on contaminated groundwater. One was located perilously close to a chemical dump, and the toxins permeated the water. Another treatment plant was located downhill from an off-base dry cleaner that had poor waste disposal practices. The result was that the water contained extremely dangerous levels of toxins such as benzene, Trichloroethylene, and Tetrachloroethylene. 

You Have a Limited Amount of Time to File a Claim

Before Congress passed the Camp Lejeune Justice Act, veterans and their families were not allowed to file a claim for illnesses caused by the water at Camp Lejeune. There was both a North Carolina state law and a longstanding judicial doctrine that barred lawsuits. The Camp Lejeune Justice Act created an entirely new cause of action for a lawsuit. However, the law specifically states that you have two years from the date that the law was signed to file a lawsuit (it was signed on August 10, 2022), or else you could lose the right. After two years, unless new legislation is passed, the previous rules that prevented a lawsuit will go back into effect. 

You Can File a Wrongful Death Lawsuit

In some cases, the family member who was sickened by toxic water died from their illness many years ago. The family member does not need to be still living to file a claim for compensation. The surviving family members can file a wrongful death claim to be compensated for the losses that they suffered when their loved one died. It does not matter how long ago their loved one passed away as long as they meet all other eligibility criteria.

Causation Requirements for a Camp Lejeune Claim

In order to be eligible for financial compensation, you need to prove that you were at Camp Lejeune or MCAS New River for at least 30 days between 1953 and 1987 and one of the following about your illness:

• It is caused by exposure to the water
• It is associated with exposure to the water
• It is linked to exposure to the water
• Exposure to the water increased the likelihood of such harm

Contact a Camp Lejeune Attorney to Fight for Financial Compensation

The Comerford Law Firm has a track record of getting results for injured veterans. We have worked with numerous service members, helping them receive the benefits that they are due. To speak with an attorney about a possible claim, you can send us a message online or call us today to request a free consultation.

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