If you need to seek benefits for a service-connected condition, you will need to provide sufficient evidence to the VA of your condition and its connections to your service. The evidence you need will depend on your specific situation, and you should never hesitate to seek help from a veteran’s attorney. 

Why Do You Need Evidence?

While the government has the obligation to pay benefits to those who suffer health conditions due to their military service, you cannot expect the government to simply take your word that you are disabled. When you submit your claim, you must also submit documentation and other proof that your condition is diagnosed and stems from your service. You must also submit evidence of how your condition affects your life and work.

Some evidence can include:

• Medical records showing your diagnosis and prognosis
• Records of your service 
• Statements from fellow servicemen or family members about your condition or how your disability happened
• Statements from medical professionals regarding the timeline of your disability and the common effects of your type of condition
• Results of claim exams (also known as compensation and pension or C&P exams)
• Employment records
• Anything else relevant to proving your condition and how it arose from your service

The VA will review all the evidence you submit to determine whether you are eligible for benefits and how much you should receive. 

In the event you have a presumptive condition, such as health issues from Agent Orange exposure, you need to present evidence of your service in a specific area and time, as well as your diagnosis of a presumptive condition. 

Appeals and Presenting New Evidence

If the VA denies a disability benefits claim or assigns you a lower rating than you deserve, you can appeal. Your veterans attorney can help you present new evidence relevant to your claim. This situation is more common than you might think. 

Often a vet will submit a claim without realizing the amount of evidence they need. The VA might deny the claim altogether or only grant minimal benefits. Never accept this type of result. 

Instead, speak with a VA lawyer about your options. They will know the types of evidence that the VA is looking for and what will be most persuasive in getting you full benefits. They can communicate with the VA claim analyst and determine exactly what you need to supplement your claim.

Seek Assistance from a Veterans Attorney for Your Disability Claim

Too many veterans with disabling conditions receive fewer benefits than they deserve due to insufficient evidence provided during the claim process. Whether you are filing an initial claim, appealing a denial, or trying to increase your disability rating and benefits, having the right legal help is essential. 

Dealing with the VA can be stressful, especially if you are concerned about your financial support into the future. Contact The Comerford Law Office to discuss your disability claim. We can help with your VA claim and provide proper evidence.

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Welcome to the introduction to VA disability ratings. We’re providing some information about the process of obtaining VA disability pay and how the VA determines the amount of compensation you are eligible to receive.

More than 5 million veterans receive disability compensation from the VA for mental or physical disabilities developed as a result of their military service. The VA has a responsibility to support these veterans, and the disability pay is a crucial part of fulfilling that responsibility. The rating system helps to ensure full benefits to each disabled veteran.

Every situation is different, however, and the following is general information. So anyone with concerns about disability benefits from the VA should speak with a veterans disability attorney right away. 

Eligibility for VA Benefits

VA disability pay is available to veterans who have developed a service-connected health condition that affects their ability to earn a living as they otherwise would. Disabling health conditions can include physical injuries, such as amputations or brain injuries, or illnesses such as Gulf War Syndrome or effects of Agent Orange exposure.

To be eligible for these benefits, the injury or health condition must have been sustained while: 

• On active duty
• Active duty for training
• Inactive duty training

Further, the veteran must have been discharged under conditions other than dishonorable.

Determining Your Benefits through Your Rating

To start applying for VA disability pay, veterans must complete an initial application, detailing their injuries, diseases, or other physical or mental health conditions. The VA then reviews the evidence and confirms the service connection before issuing a rating decision. 

This rating decision determines the appropriate monthly compensation, based on a chart from the Code of Federal Regulations called the Schedule for Rating Disabilities (VASRD). Every veteran with a service-related condition should receive a rating. This rating decision is critical – the higher your rating, the more benefits you will be entitled to. 

The rating should be directly based on the severity of the condition and its effects on the veteran’s ability to function in everyday life, including at work and home. Then, your monthly benefit amount with be based on your rating and your number of dependents.

Veterans who disagree with the VA’s decision can file an appeal. They can provide evidence that they deserve a higher rating and more benefits due to the effects of their injuries or illness on their life. You want to seek legal help for this appeal process or if you disagree with your rating. 

Learn How an Illinois VA Disability Lawyer Can Help

VA disability pay is available to eligible veterans with a service-connected health condition. The VA uses a rating system to determine the amount of compensation, and veterans who disagree with the VA’s decision can file an appeal. Every veteran should have a good understanding of the VA disability rating system to ensure that you receive the appropriate compensation for your service-related health condition.

The Comerford Law Office knows that the rating system does not always result in the benefits a disabled veteran deserves. We represent vets during the claims and appeal process. 

Contact us today to consult with a member of our legal team. We can assist you in obtaining the benefits you need and deserve.

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Agent Orange is a herbicide that the United States military used during the Vietnam War. It was named after the orange-striped barrels in which it was shipped and was a mixture of two herbicides: 2,4-D and 2,4,5-T. The herbicide was used extensively in Vietnam between 1961 and 1971 to clear out the dense jungle foliage that was used as cover by the enemy forces.

The use of Agent Orange has a controversial history, with many health issues being linked to its use. While it was intended to be a defoliant, it was also highly toxic to humans, and the military personnel who were tasked with spraying the herbicide often did not wear proper protective gear. The herbicide was also sprayed in areas where civilians lived, leading to widespread exposure.

Anyone who was exposed to Agent Orange should discuss related health issues with a VA attorney immediately. 

Effects of Agent Orange

In the years following the war, reports began to surface about the negative effects of Agent Orange. Veterans who had been exposed to the herbicide reported a variety of health issues, including cancers, respiratory problems, and skin diseases. In addition, the children of veterans who had been exposed to Agent Orange were born with birth defects at a higher rate than the general population.

In response to these reports, the U.S. government conducted several studies to determine the health effects of Agent Orange exposure. The most notable of these was the Ranch Hand Study, which followed a group of veterans who had been involved in the spraying of Agent Orange in Vietnam. The study found that these veterans had higher rates of cancer and other health problems than the general population.

In 1991, the U.S. government passed the Agent Orange Act, which provided compensation to veterans who had been exposed to the herbicide and were suffering from health issues as a result. The act also provided funding for research into the health effects of Agent Orange exposure.

The effects of Agent Orange are not limited to Vietnam. The herbicide was also used in other countries, including Laos and Cambodia, and the health effects of exposure continue to be felt today. In addition, the herbicide has had long-lasting effects on the environment, with contaminated soil and water sources still present in many areas.

Some efforts have tried to address the legacy of Agent Orange in recent years. The United States and Vietnam have worked together to clean up contaminated areas and provide assistance to those who have been affected by the herbicide. In addition, organizations such as the Vietnam Association for Victims of Agent Orange/Dioxin have worked to raise awareness of the issue and provide support to those affected by Agent Orange exposure.

Speak with a Veterans Rights Attorney in Illinois

The history of Agent Orange is a tragic one. While it was intended to be a tool to aid the military effort in Vietnam, its widespread use led to significant health and environmental issues. The effects of Agent Orange are still being felt today, and it serves as a reminder of the long-lasting consequences of war.

The Comerford Law Office can help veterans seeking benefits for Agent Orange. Consult with our office today.

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As a veteran receiving total disability individual unemployability (TDIU) benefits, you may still be able to work in some capacity. So long as your level of employment does not qualify as “substantially gainful employment,” you may be eligible to work and receive TDIU benefits from the VA.

If you have any questions about VA disability benefits, want to file a claim, or need to file an appeal, an attorney from Comerford Law Office is ready to assist you.

What Are TDIU Benefits?

TDIU benefits allow a disabled veteran to receive a 100% disability rating. With this rating comes the maximum amount of disability benefits the VA provides, so a TDIU designation is a substantial one. When a veteran receives a TDIU designation, they may:

• Be able to support themselves and their loved ones financially
• Avoid the stress and health issues that can arise from financial instability
• Achieve a level of personal stability that veterans needs and deserve

A veteran can only receive TDIU status if they cannot maintain “substantially gainful employment.” So, if a veteran can’t hold down a job that qualifies as gainful employment, what kind of work can they do?

What Kinds of Work Can a Veteran Do While Receiving TDIU Benefits?

The VA states that veterans with TDIU can work “odd jobs,” which it also refers to as marginal employment. Based on the VA’s definition of substantially gainful employment, these odd jobs may be:

• Infrequent
• Not consistently available
• Not sufficient to provide the veteran a living wage

These kinds of jobs may bring the veteran fulfillment and a modest amount of additional income, so it makes sense that the VA allows veterans with a TDIU designation to maintain marginal employment.

Should I Hire a Lawyer If I Am Seeking TDIU Status?

If you are a veteran who plans to file a VA disability benefits claim, file an appeal, or seek a change in their disability benefits status, an attorney can be a vital asset. The attorneys at Comerford Law Office serve veterans by:

• Helping them determine which claim or appeal type is most appropriate
• Filing the claim or appeal
• Obtaining medical records, service records, and other documentation that support the claim or appeal
• Handling all communications with VA officials
• Managing the claims or appeals process from start to finish

When you hire a lawyer to assist with your claim or appeal, you may spare yourself a substantial amount of stress and frustration. Even more importantly, our team may get the disability benefits you are entitled to.

Call Comerford Law Office Today to Get Legal Assistance with Your VA Claim or Appeal

Our team is ready to fight for you. Call Comerford Law Office today or provide your information online, and we will contact you.

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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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