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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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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