The Camp Lejeune Justice Act creates a new federal cause of action that allows people who were sickened by toxic water at Camp Lejeune to obtain financial compensation. Not only is there a new right to sue under this law, but Congress has also relaxed some of the normal causation rules that must usually be met in order to get a settlement. If you or a loved one were exposed to toxic water at Camp Lejeune, here are the basic steps to file a claim for financial compensation.

Contact an Attorney

While the new law is a major victory for veterans and their families who lived and worked at Camp Lejeune, there may still be obstacles to winning financial recovery. When you file a Camp Lejeune claim, you are taking on the federal government. Even though the law recognizes that you may have an entitlement to financial compensation, it does not mean that the government will readily give it to you. In order to present the most effective possible case, you need the help that an experienced attorney can provide. If you or a loved one have been sickened by the toxic water at Camp Lejeune, our lawyers can help you get the financial compensation that you deserve. 

Gather Your Documentation

Your claim must include proof that you qualify for financial compensation under the Camp Lejeune Justice Act. You will need to show that you were at Camp Lejeune or MCAS New River for at least 30 days between 1953 and 1987 and that you have suffered an illness. You will need to provide medical records that document your illness. You do not need to directly prove that your illness was from Camp Lejeune water, but you need to provide scientific evidence that your condition could be connected to the toxins in the water.

File a Claim for Compensation

Once you have contacted an attorney and compiled all the necessary documentation, you will file the actual claim directly with the government. The Department of Defense has established a process you must follow to file a claim through the Department of Veterans Affairs. The government will review your claim and decide whether it has merit.

Negotiate Compensation

If the government finds merit in your claim, they will then discuss financial compensation. They may make you a settlement offer. In this instance, the government is like any insurance company in that you may need to negotiate to get the amount of money that you deserve. Your attorney knows how much your claim is worth, and they will advise you whether to accept an offer.

File a Lawsuit if Necessary

If your claim is denied, or you are not satisfied with the result of the settlement negotiation, you can file a lawsuit in federal court in the Eastern District of North Carolina. The federal judge may then decide whether you are due compensation and how much. The law says that you cannot go to court unless you have filed your claim with the government first.

Contact a Camp Lejeune Attorney Today

The Comerford Law Firm helps injured veterans get the benefits and compensation they are due for a service-related injury or condition. To schedule your free initial consultation, you can send us a message online, and someone on our team will be in touch.

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When you apply for your VA disability benefits, there are so many other benefits that you may qualify for. But the VA may not often share how your disability benefits affect your other benefits.

Nearly 20 years ago, veterans couldn’t receive both retirement benefits and disability compensation simultaneously. Today, new changes to the law have allowed some veterans to receive the full scope of both benefits simultaneously. But it depends on a few factors.

Two Programs For Veterans

The new federal changes have led to two new programs for veterans: the Concurrent Retirement Disability Pay (CRDP) and the Combat-related Special Compensation (CRSC).

Even though it’s possible to qualify for both programs, the VA will only let you receive additional compensation from one of them. You must choose which payment you want to receive when applying for your benefits. The good news is that if your situation changes, later on, you can change your selection.

Combat-Related Benefits

To receive the full amount of their retirement benefits, veterans who also receive disability benefits must prove that their disabilities are 50% service-related or more. But veterans who became disabled during combat may be eligible for full retirement benefits.

You may be able to receive combat-related special compensation (CSRC), which is a monthly payment that covers the rest or the full amount of your retirement pay. You may be offered this compensation if your retirement pay has been reduced due to your disability compensation.

Eligibility For CRSC

To be eligible for CRSC, you have to meet the following criteria:

• 20 years or more of active duty
• Possession of a permanent medical retiree status
• Listed on the Temporary Disability Retirement List
• Reduced military retirement pay due to VA disability payments
• Proof of a combat injury as a result of a Purple Heart, Gulf War, or hazardous service

In addition to meeting this criterion, you must also file within the statute of limitations. Veterans who are applying for CRSC have six years after the date of receiving their VA rating to receive their payment.

Concurrent Retirement And Disability Pay (CRDP)

With CRDP, you would be allowed to receive both retirement pay and disability compensation. But just like with CRSC, it would depend on your disability rating.

You must have a rating of 50% or higher to receive the full payment of your retirement benefits and your disability compensation. If you have a 40% or lower rating, you will not be eligible for CRDP. Instead, your retirement pay could be deducted from the amount of your disability benefits.

The Reason For The Deduction

When your disability ranking is 40% or lower, your retirement benefits will be offset based on the number of your disability benefits. The main reason is for you to receive tax-free payments from the VA. The tax-free portion of your benefits will give you greater spending power.

Speak To A Veterans Benefits Attorney Today

To learn more about how you can make your veteran’s benefits work for you, contact the Comerford Law Office online for your free case evaluation.

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It is very rare that a veteran or their family member is able to file a lawsuit against the government for a service-related injury. Thus, you may not know the process for filing a claim. The steps to follow for filing a Camp Lejeune water lawsuit are similar to the ones that you would take to file any lawsuit against the federal government.

Contact an Experienced Attorney

The first step is to hire an experienced attorney. In filing a claim, you are dealing with the federal government, which is not easy. Even though Congress has allowed for claims against the government, it does not mean that you will get the compensation you deserve without challenges.

File a Claim Directly with the Department of Defense

In order to receive possible compensation, you would then need to file a claim with the government itself. Like any case against the federal government, the law requires you to first go to the government with a claim. The government makes the first decision whether to deny your claim or offer you compensation. You will need to gather the proper documentation to submit because the government will make a decision based on what they see in front of them in writing.

Negotiate Possible Compensation with the Government

The government will review your claim and determine whether to make you a settlement offer. If you have met the legal requirements, they may offer you money for your case. If the government does not believe that your claim has merit, they may deny the claim. If the government makes you a settlement offer, your attorney will evaluate it to help you decide whether it fairly compensates you.

Negotiations are often necessary. The government expects to pay out over $6 billion in claims, so it is unlikely that the initial amount proposed will be adequate. An experienced lawyer will help ensure that you get fair compensation.

File a Lawsuit in Federal Court

According to the Camp Lejeune Justice Act, you must file a claim first with the government. The Department of Defense evaluates these claims and makes determinations. After you have filed a claim, you can take your case to federal court if you are unhappy with the result. The law states that you must file your claim in federal court in the Eastern District of North Carolina. A judge would then hear your case, and the court would make a decision as to whether or not you can receive compensation and the amount.

Camp Lejeune Attorney Helping Injured Clients

The Comerford Law Office is well-versed regarding the issues at Camp Lejeune and knows how to take on the government when necessary. James Comerford has devoted his career to advocating for veterans, and he is ready to fight for you. To speak with an attorney, you can send us a message online, and our firm will be in touch as soon as possible.

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There are many illnesses that you can get during or after your service in the military. One of those illnesses involves Gulf War Syndrome. Gulf War Syndrome is a group of unexplainable chronic symptoms that predominantly affects veterans on both sides of the Gulf War.

Some symptoms include headaches, fatigue, joint pain, and indigestion. Gulf War Syndrome is often referred to as a multi-symptom illness. Having these symptoms can lead to other serious health conditions. To receive veterans benefits for your symptoms from Gulf War Syndrome, reach out to the Gulf War Syndrome attorneys at the Comerford Law Office.

Qualifying For Benefits

When you apply for a V.A. disability claim, you must prove a connection between your military service and your illness. If you are receiving benefits for symptoms related to the Gulf War Syndrome, you may not need to prove the connection to your disability.

When you have suffered the unexplained symptoms for at least six months, the V.A. will presume that these symptoms are due to Gulf War Syndrome. Some of these presumptive illnesses that can indicate the presence of Gulf War Syndrome include:

• Chronic fatigue syndrome
• Fibromyalgia
• Functional gastrointestinal disorders
• Undiagnosed conditions like abnormal weight loss and muscle pain

Who Is Considered A Gulf War Veteran?

To help with determining the eligibility for benefits, the V.A. defines Gulf War veterans as veterans who served on active duty from August 2, 1990, to the present day. To be qualified as a Gulf War veteran, you must have served in the following locations:

• Kuwait
• Iraq
• Saudi Arabia
• Bahrain
• Qatar
• The United Arab Emirates (U.A.E.)
• Syria
• Turkey
• Jordan
• Israel
• Egypt
• Afghanistan
• The Gulf of Oman
• The Gulf of Aden

If you are a Gulf War veteran, you would be able to receive benefits for various disorders that your symptoms can trigger. Other disorders that you would qualify for include post-traumatic stress disorder and major depressive disorder.

Possible Causes Of Gulf War Syndrome

During the Gulf War, veterans were exposed to different chemical exposures. Some possible causes of this condition include chemical nerve agents, pesticides, and pyridostigmine bromide pills.

Filing Your Claim

As a Gulf War veteran, you would be allowed to include non-medical and medical evidence with your V.A. disability claim. The type of nonmedical evidence you can include is proof of time lost from work, changes in appearance, and changes in your physical or mental capabilities. If you do not include any medical evidence with your claim, the V.A. may request you to complete an independent medical examination.

Speak With An Experienced Gulf War Syndrome Attorney Today

At the Comerford Law Office, we have helped many veterans obtain the benefits they deserve and fully understand the nature of Gulf War Syndrome. This condition can seriously affect your life and your family members. If you need assistance obtaining benefits, reach out to us today. Call our team of VA benefits lawyers today to schedule an initial consultation.

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Veteran benefits are only granted if the condition is service-connected and limits their functionality or employability. Veterans cannot be awarded benefits if the condition was caused by an unrelated event, or if the disability existed prior to their service. However, disability appeals are commonly rejected when a condition is wrongly categorized as a preexisting condition. Heart problems, sleep apnea and orthopedic complications are just a few examples of common conditions that are incorrectly considered to be preexisting. 

If you believe that your disability was unfairly classified as a preexisting condition, therefore denying your benefits, contact an attorney at the soonest opportunity. Knowing what to expect from the VA appeals process is essential to seek the benefits you are entitled to. For advice specific to your case, call the Comerford Law Office.

Presumption of Soundness as Grounds for a VA Benefits Appeal 

A presumption of soundness must be used when applying for VA disability benefits. Essentially, this law assumes that a veteran was healthy when they entered service unless there is evidence that clearly demonstrates the contrary. If a health condition is not included in your entrance exam, the VA is not legally able to claim it as a preexisting condition. Exceptions include any health issues that you had from the time you entered the military, which would have been noticed and documented by the physician who completed your exam. 

While the presumption of soundness can assist a veteran in their appeal, it doesn’t guarantee that you will be granted disability benefits. You will still need to prove your disability is service-connected and impacts your ability to function. For example, a veteran who seeks benefits for sleep apnea is unlikely to be approved since most veterans do not undergo the necessary sleep study for diagnosis while they are completing their duty. Therefore, it is unlikely that the condition will be categorized as a primary disability. However, when a veteran is diagnosed with a traumatic brain injury or PTSD, sleep apnea may be considered a secondary service connection. 

The VA only refutes the presumption of soundness in limited situations. Typically, the VA would request proof that the initial exam failed to diagnose a developmental or congenital defect. 

Can I Receive Benefits If a Preexisting Condition Was Aggravated By Service?

Even if your entrance exam contains a note about your condition, you aren’t automatically ineligible for disability benefits. If you show evidence that your condition was worsened as a result of your military service, you may be able to receive benefits. When pursuing benefits for aggravation of a preexisting condition, keep these two provisions in mind: 

• The aggravation isn’t due to your disease’s natural progression. 
• You are not entitled to benefits if it is a temporary flare-up.

Both physical impairments and mental health issues are eligible for benefits if they are worsened by service. This is the key step: you must demonstrate that you had your health condition under control at the time your service began. A veteran may provide evidence that he or she was taking medication and held a full-time job prior to service. 

Begin the Appeals Process With a VA Attorney

If you are wondering whether you may appeal your denied veterans’ benefits, call a Chicago veterans lawyer at the Comerford Law Office to begin. We are available for a consultation.

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Filing a VA disability claim can be a tedious process. After filing your claim online for the U.S. Department of Veterans Affairs, you may realize how time-consuming it is to collect all of the necessary supporting information and submit it all to the VA. 

If you feel frustrated by the VA disability claim process, talk to our lawyers at Comerford Law Office for advice. We can help make the process easier by carefully explaining each step and overseeing the process to ensure you get it right the first time. We provide a few tips for filing below. For information specific to your case, call our attorneys. 

Preparing to File a Disability Claim

Filing a fully developed claim is often the most efficient method to receiving a decision from the VA. Essentially, this simply means that you will submit all supporting information with your benefits claim. The documents include: 

• Medical evidence, including hospital and doctor reports, as well as military or civilian documentation
• Copies of your DD214, or separation documents
• Marriage and children’s birth certificates

Send copies of these documents, not the originals. The claim you file should only be for ongoing conditions that are directly connected to your military service. If you ever have doubt on whether to submit a document or not, send it anyway to ensure that your claim is not missing any required information. Most importantly, talk to a lawyer before finalizing your claim. Our attorneys can review your file before submitting to ensure that it holds all of the required information so you can receive your benefits sooner. 

After Filing Your Claim

Once you’ve filed your claim, the next step is to wait for a response from the VA. The VA will send you a letter containing their decision once several key procedures have been completed, including an assessment and requesting additional information if necessary. You can check your status on the vets.gov website, or through the Veteran’s Service Organization. 

If the VA needs more medical documentation, they may ask you to provide it or they may contact the Department of Defense. Sometimes, the VA needs you to complete a medical assessment to examine the service-connected disabilities you claimed. Depending on the disabilities you claimed, you may be scheduled for multiple medical examinations. Attend your appointment on time or your claim may be delayed for long periods of time. 

Aside from attending the examinations, you don’t need to complete any other steps while you wait, unless the VA requests more information. 

Pursue Your VA Benefits With a Skilled Illinois Veterans Attorney

If you are preparing to file a VA disability claim, enlist the help of a knowledgeable attorney who is familiar with the process. Comerford Law Office can help you pursue benefits for a service-connected disability, as we deliver exceptional legal services that allows you to seek the results you need to support yourself. Contact our firm today to schedule an appointment with an Illinois veterans attorney.

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Veterans often have a difficult time understanding the VA disability process due to the abundant misinformation surrounding the topic. It’s common for veterans to assume that VA disability involves the same process as social security disability, even though this isn’t true. Unlike social security recipients, veterans who are receiving VA disability benefits can work even while they collect their compensation. 

If you are interested in learning whether you may receive VA benefits while maintaining a job, you should talk to an attorney. Our team at Comerford Law Office is here to help you better understand your options, so call us for in-depth advice regarding your specific situation. 

Understanding VA Disability Compensation

In order to better understand VA disability compensation and what it means for your career, it’s important to learn the differences between VA disability and social security. While both programs provide support for veterans with service-connected disabilities, their advantages may vary depending on your specific circumstances.

Unlike social security disability, which is either approved or denited, VA disability compensation has a scale that determines how much compensation you will receive. In other words, you can be granted VA disability but not be compensated due to a 0% rating. Or, you may receive a 10% rating that provides $130.00 per month, while another veteran receives about $3,000 a month for a 100% rating. As you can see, payments differ depending on the rating the veteran receives. 

Under VA disability, you can be paid for a 100% disability rating and continue to work a full-time job. In theory, a veteran could continue to make as much money as they wish alongside their VA disability payments.However, there is an exception. Obtaining VA disability compensation is not an easy feat, especially receiving a 100% rating for your disability in the traditional way, which involves being paid at a rate between 190% to 230%. Instead, many veterans choose to obtain their compensation through individual unemployability. 

What is Individual Unemployability?

Individual unemployablity is a program that compensates veterans at a 100% rating, regardless of their actual rating. The process works based on the disablity ratings. For example, if a veteran’s condition is rated at 60% or higher, they may qualify for individual unemployability if their disability prevents them from working. Furthermore, if a veteran is rated at a total of 70% or higher for multiple health conditions, they may be eligible for individual unemployability as long as one of the conditions has a rating of at least 40%. 

If you choose to seek individual unemployability, keep in mind that you cannot work while receiving benefits. The Comerford Law Office recognizes how confusing the VA disability appeals process is for many veterans, so we offer dedicated legal support throughout your case. 

Visit Our Illinois VA Attorneys Today

If you wish to continue working while receiving VA disability compensation, it’s important to review your options with an attorney. Contact Comerford Law Office for a consultation with a VA lawyer. We can help answer your questions regarding disability payments, individual unemployability and more.

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Many veterans who served in operation Desert Storm in the 1991 Persian Gulf War developed debilitating chronic illnesses. These illnesses, without any other clear causes, have been recognized as Gulf War Syndrome. They continue to impact thousands of veterans in the United States. Since symptoms can vary drastically among veterans affected, the VA refers to the illnesses not as a single syndrome but as a cluster of chronic multi-symptom illnesses. 

If you are a veteran who served in the 1991 Gulf War and continue to have chronic health problems following your service, it may be possible for you to obtain VA benefits with the help of an attorney. You can learn more about the illnesses that fall under this category and whether you may qualify for compensation by talking to our lawyers. 

Symptoms of Gulf War Syndrome

Gulf War Syndrome is a collective term referring to illnesses experienced by veterans who served in the Persian Gulf War. These illnesses can cause debilitating symptoms and lead to a reduced quality of life for those affected. While initial investigations did not find a clear cause of the illnesses, current studies have shown that exposure to pesticides, pyridostigmine bromide pills and other toxic chemicals likely played a role. An estimated 200,000 veterans who were deployed developed the following symptoms: 

• Fatigue
• Insomnia
• Rashes
• Joint pain
• Chronic headaches
• Dysthymia
• Gastrointestinal issues
• Respiratory problems

Over 30 years later, veterans with Gulf War Syndrome continue to report higher than average occurrences of chronic health problems, including chronic pain, memory problems, severe fatigue and gastrointestinal complications. Multiple studies have connected groups of illnesses in operation Desert Storm veterans and exposure to certain chemical and microbiological exposures during military service. Evidence also suggests that the affected veterans experience age-related disabilities at an early onset. Other factors, such as extended exposure to pesticides and developing a traumatic brain injury during service, significantly increased the chances of having Gulf War Syndrome. 

Am I Eligible for Disability Benefits?

Gulf War Syndrome can produce disabling symptoms that compromise your quality of life. To qualify for disability benefits, veterans must prove that they served in the Gulf War. They may qualify regardless of whether they served in the air or on the ground. 

Veterans must also show that they have experienced chronic symptoms, which are those that have lasted for longer than six months. Your symptoms must not be connected to another diagnosed medical condition. Veterans with a pre-existing diagnosis may need to gather additional evidence to demonstrate that their disability is service-connected. 

Contact a Chicago VA Attorney

If you are suffering from the symptoms of Gulf War Syndrome and wonder if you qualify for compensation, a Chicago VA attorney is your greatest resource. The Comerford Law Office represents veterans filing for disability benefits and can help you better understand how the VA grants benefits to those with Gulf War illnesses and other service-connected disabilities. The process can be difficult, but our attorneys are prepared to do what it takes to uphold your best interests. Call today to explore your options.

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After filing a disability claim, the VA reviews the supporting evidence to decide whether your condition qualifies for benefits. The VA only grants disability to veterans with health conditions proven to be connected to their military service. But how can you show that your health condition is indeed service-connected? 

In order to build an effective case, you’ll need to enlist the help of an experienced VA attorney. Proving your case can be difficult, but if you include the necessary information, your chances for approval increase. Call us to discuss the specific circumstances surrounding your legal case. 

What Evidence Does the VA Look For When Reviewing a Disability Claim?

While reviewing the provided documents as part of your disability claim, the VA looks for evidence demonstrating that:

• You have an ongoing physical or mental disability that impacts your ability to complete everyday tasks, and
• The event, illness or injury that caused the disability occurred during military service. 

To support your claim, you’ll need to provide certain documents, such as records of the treatments you received in service, doctor’s reports and medical test results as evidence of your injury. 

Establishing a VA Service Connection

Establishing a clear connection between your disability and your military service is one of the hardest obstacles to overcome when applying for VA benefits. There are several possible methods to prove this relationship, each requiring a specific method of proof: 

• Direct Service Connection. There is a direct service connection if a veteran was injured during active military duty. The veteran’s service medical records serve as the primary source of evidence for a direct service connection. You have a fair possibility of approval if the medical evidence provided shows that an accident happened, you were diagnosed with a medical condition and a doctor confirms that your current disability is connected to the event.  
• Aggravated Service Connection. If a veteran had a health condition prior to starting military service but later developed a disability as a result of their military responsibilities, the VA might determine that they have an aggravated service connection. 

• Presumptive Service Connection. The VA will automatically recognize certain medical conditions as being related to military service as long as they developed soon after the service was completed. Disorders such as brain injuries, malignancies, infection diseases, illnesses brought on by chemical exposure and wounds sustained by prisoners of war often fall into this category. A confirmed diagnosis and medical documentation demonstrating that symptoms first occurred before the stipulated time period had passed serve as proof of an ailment. For most cases, the limit is 90 days. 
• Secondary Service Connection. Sometimes, a service-connected disability can result in a secondary illness, such as when a brain injury causes depression. You must show records of diagnosis and a doctor’s report supporting the claim that your secondary condition is connected to your initial, service-connected disability. 

Contact a VA Attorney

If your disability claim was denied, contact the Comerford Law Office, LLC for assistance. We can discuss your case in detail and help you understand what it means to have a service-connected disability.

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Tinnitus, or a ringing in the ears, is the most common VA disability claim. While tinnitus alone is not usually enough to warrant full VA disability benefits, it can often increase a veteran’s awarded benefits when it comes as a secondary symptom of a more serious condition. Nonetheless, it can be frustratingly difficult to “prove” you have this condition. In these cases, it helps to have an attorney manage your case. The Chicago VA disability benefits attorneys at The Comerford Law Office can help you prove the required elements of a tinnitus claim.

Understanding Tinnitus in VA Disability Claims

Simply put, tinnitus is a noise in your ear that may come and go periodically or is always present. For most people, this symptom presents as ringing, but other types of sound are also associated with tinnitus. The majority of claims are related to “subjective” tinnitus, which is a sound that only the patient can hear. In some cases, the sound actually exists, but these account for only 1% of tinnitus claims.

Tinnitus is a commonly-reported ailment, but veterans are overrepresented when it comes to tinnitus injuries, making it the most common disability claim.

What Causes Tinnitus?

Proving your tinnitus claim will be directly related to providing evidence of one or more risk factors. For military veterans, these risk factors are plentiful. Exposure to loud noises on a daily basis, head injury, pressure injuries related to flying or diving, psychiatric conditions, and aging are all risk factors for tinnitus.

You cannot prove that there is a ringing in your ear that only you can hear. However, you can prove you were exposed to specific conditions that make tinnitus more likely.

Proving Your Tinnitus Claim

Tinnitus claims are related to a number of other claims, such as psychiatric injury, head injury, or chronic exposure to loud noises. In most tinnitus claims, you will find a primary disability with tinnitus rated as a secondary disability. It is important to understand that the VA awards benefits based on a percentage system. Tinnitus rates at 10%. A 10% disability rating would qualify a veteran for compensation of about $150 per month. 

It is helpful to have an official diagnosis from a doctor in your medical records before you apply for benefits. You will also want to submit evidence related to any other hearing disability you have. While you do not have to prove to a 100% medical certainty that your tinnitus could only be caused by your military service, you will need to establish that there is a legitimate service-related connection between your current symptoms and your military service. 

An Illinois VA Disability Attorney Can Help You Recover Tinnitus Benefits

VA disability claims for tinnitus are often denied due to the complexity of documenting this condition. When this happens, The Comerford Law Office helps veterans file VA disability appeals based on tinnitus. If your VA disability claim was denied, call our office today to learn more. 

Further reading: 3M ordered to pay $50 million related to defective earplugs.

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