It can be very difficult to “prove” that a medical condition is related to a specific event. For example, the tobacco companies would routinely question plaintiffs concerning their jobs, exposure to powerlines, or family histories of cancer, even when it was well-established that smoking causes cancer. Since there is no way to be medically certain that a specific toxin was the sole cause of cancer, scientists use statistics to determine the rate of cancer among those who smoke against those who do not.

The same is true of Agent Orange. Those exposed to the toxic herbicide known as Agent Orange during the Vietnam or Korean War are more likely to have certain types of cancers or other ailments than the general public. For that reason, if you are a veteran with one of these ailments and you can prove Agent Orange exposure, the VA may conclude that Agent Orange is the cause and award benefits on that basis.

Conditions Associated With Agent Orange Exposure

The VA will assume that specific conditions are linked to a veteran’s service for certain disability claims. These are known as presumptive claims. In other words, all that is required is to show that you were exposed to Agent Orange and now have a particular condition. The conditions listed below are currently associated with presumptive claims for Agent Orange exposure.

Cancers Associated With Agent Orange Exposure

• Bladder cancer 
• Chronic B-cell leukemias
• Multiple myeloma 
• Prostate cancer
• Hodgkin’s Disease
• Non-Hodgkin’s lymphoma
• Respiratory/lung cancer
• Soft tissue sarcomas

Non-Cancers Associated With Agent Orange Exposure

• AL amyloidosis 
• Chloracne
• Type 2 diabetes
• Hypothyroidism
• Ischemic heart disease
• Lou Gherig’s disease (ALS)
• Parkinson’s disease
• Early-onset peripheral neuropathy
• Porphyria cutanea tarda

Other conditions may also be related to Agent Orange exposure but are not considered “presumptive.” You would have to establish medical evidence for a link between the condition and Agent Orange exposure. However, just because your condition is not on the VA’s list of presumptive Agent Orange-linked disorders, it does not mean you cannot recover benefits.

Special Considerations

Agent Orange is a known risk factor for birth defects. A child born to a former soldier exposed to Agent Orange may be able to recover benefits based on any birth defects they suffered as a result of their parent’s exposure. Spina bifida is a common complication of children born to military families that served in Vietnam or the Korean war. 

If the VA does not list your current disability as a possible complication of Agent Orange exposure, you should still consider filing a claim. Each year, new conditions are being approved that may have been denied in the past. We know that Agent Orange does considerable damage to the human body, and the way that damage manifests can be unpredictable. 

Talk to a Chicago VA Disability Benefits Attorney Today

The Comerford Law Office, LLC has decades of experience helping U.S. veterans prove their Agent Orange exposure claims. Call today to schedule an appointment and we can begin discussing your options immediately.

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Not every Veteran’s service connected impairment is so severe to warrant a 100% rating, whether individually or when combined with other service connected disabilities.  However, if a Veteran’s service connected disability/disabilities are so severe as to render the Veteran disabled, the Veteran may be entitled to Total Disability based on Individual Unemployability (TDIU). To meet the “schedular” definition for TDIU,  the Veteran must have a disability rating for one disability rated over 60% or for two (or more) disabilities with a rating of 70%. In some cases, a service connected disability may so severely impact a Veteran’s employability as to entitle the Veteran to TDIU without meeting the schedular requirements. 

Who is Most Likely to Receive TDIU Benefits?

Some disabilities are automatically rated 100% by the VA, such as certain cancers which require ongoing treatment such as chemotherapy.

A TDIU rating would remain in place unless the veteran’s treatment was successful. The veteran would have six months thereafter to continue receiving TDIU benefits. 

Some Disabilities Can Rate 60% to 100%

With the exception of cancer, there is no other disability with a presumption of a 100% rating, with the notable exception of paralysis or loss of limb. In these cases, a determination would be made as to what type of work the injured veteran is qualified to do. The VA comes to this determination after reviewing all available evidence regarding the veteran’s claim. In some cases, they may assign the veteran a disability rating of 60%, but it will not become permanent and total (P&T) unless the veteran is unable to work moving forward. The VA reviews such cases periodically to determine the veteran’s progress.

Psychiatric Disabilities and the VA Rating System

The VA is quite sensitive to psychiatric injuries and understands how disabling they can be. Nonetheless, ratings for those claiming psychiatric injuries vary depending on the severity of symptoms. A diagnosis of PTSD can be rated 100% disabling or as low as 0%. Clearly documenting your symptoms  is a crucial factor in obtaining the highest rating you deserve.  

I Was Rated Too Low to Receive TDIU Benefits: What Now?

As a disabled veteran seeking benefits, you will need to establish that your disability prevents you from sustaining gainful employment. This can be difficult to do without an experienced professional guiding your claim. That is why veterans seeking disability benefits through the VA deserve the help of a skilled attorney in their corner. The Chicago VA disability attorneys at The Comerford Law Office, LLC help veterans file appeals to get their ratings increased or fight a denial of benefits. Call today and learn more about how we can help.

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There is a truly wide range of disabilities that veterans in this country endure. While we help veterans with all different kinds of disabilities pursue the benefits they deserve, we do see some more often than others.  The following are the most common VA disabilities for which veterans pursue benefits. 

Hearing loss

Hearing loss, tinnitus, and deafness encompass the majority of VA disability claims. Hearing loss can result from time spent on the battlefield, but it can happen in many other situations as well. Recently, the defective 3M earplugs provided to soldiers have resulted in a sharp increase in these claims. Hearing loss can prevent a United States veteran from properly doing their job, force them to take a lower paying job, and reduce their earning power. If you are suffering hearing loss as a result of your time in service, you have options. 

Orthopedic Injuries

Orthopedic injuries resulting from active duty are the second-most cited disability. Generally, the VA will want you to prove that your orthopedic injury limits your range of motion to qualify for benefits. Examples of orthopedic injuries include paralysis injuries or the loss of a limb, but the most common types of orthopedic claims involve range-of-motion problems and chronic pain. Paralysis of the sciatic nerve, which is common among veterans, is the most severe form of sciatica. 

Traumatic Brain Injury

Traumatic brain injuries are difficult to diagnose and to treat. Symptoms do not always present themselves immediately. What we are learning from the long-lasting impacts seen in NFL players is that these injuries are much more insidious than they originally appeared. Symptoms can emerge decades after the initial trauma and cause psychiatric problems, including mood disturbances, cognition problems, and suicide. Anxiety and depression are common in those suffering from TBI injuries. 

Psychiatric Injuries

What was originally known as “shell shock” now goes by the medical term “post-traumatic stress disorder” or PTSD. First responders, military personnel, and emergency medical personnel are the most likely to suffer job-related PTSD. With more attention paid to PTSD-related suicides in recent years, the VA is growing more receptive to PTSD-related claims, even those emerging from military sexual trauma. This has helped make it easier to get a PTSD-related disability benefits application approved by the VA, however, legal assistance may still be needed for some applicants to gain approval.

Toxic Exposure

In cases in which there is scientific documentation, like in the use of Agent Orange or Gulf War Syndrome, there is a presumption that a toxic exposure disability is connected to one’s military service, but that was not always the case. While today Agent Orange exposure and Gulf War Syndrome are conditions that will be compensated by the VA, a new generation of respiratory ailments related to toxic burn pit exposure is emerging. Those with toxic exposure may report suffering from a cluster of cancers, respiratory ailments, and other obscure diseases.

Scarring

A veteran is eligible to receive compensation for injuries that caused scarring, but this is more likely if the scarring has reduced their range of motion, is somewhere visible, or causes psychiatric problems such as depression or isolation. Scarring resulting from serious burn injuries are often the most likely to get full compensation from the VA. 

Migraines

Migraines may be the result of either traumatic brain injury or persistent exposure to loud sounds. They can also be the result of psychiatric illness. Veterans who are wishing to file a migraine application would need to establish that their migraines were the result of their military service.

Talk to a Chicago VA Disability Attorney Today

The Comerford Law Office, LLC has the experience you need to handle a variety of complex VA disability claims. Call today to schedule a free consultation and we can begin discussing your next moves immediately.

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If you are a veteran, and incurred an injury or illness while on active duty, you may be entitled to disability compensation benefits from the Veterans Benefits Administration.

To obtain benefits, you must be able to prove that you were active-duty military (non-active duty can apply in specific cases), that you suffered an injury or illness incurred or aggravated during your military service, and that this disability persists.

What illnesses, injuries, or conditions specifically qualify as military service-related? Do pre-existing conditions prevent veterans from filing successful claims? Will the Veterans Benefits Administration consider your disability “service-connected”? These are some of the most common and important questions that your VA disability lawyer can help you answer.

What is a Service-Connected Disability?

A Service Connected disability is an illness or injury that was 1) caused directly by service; 2) incurred while in-service; 3) aggravated during service; or 4) a condition that was caused or aggravated by another service connected condition.

What types of Psychiatric Conditions are Considered for Service Connection?

The first psychiatric condition that comes to mind for the general public when thinking of service members is Post Traumatic Stress Disorder (PTSD).  For example, VA estimates that 30% of all Vietnam Veterans suffer from PTSD during their lifetime.  Additionally, many service members are treated for psychiatric conditions such as depression and anxiety which remain unresolved long after service.  Finally, it is incredibly common for Veterans suffering from physical injuries to subsequently develop symptoms of depression secondary to pain.

With the help of a compassionate and skilled VA disability attorney, you can still file a successful VA benefits application in situations like these.

Talk to a Chicago VA Disability Attorney Today

If you have any questions concerning whether or not your disability is considered “service-related” for the purposes of VA disability, please call The Comerford Law Office, LLC today. We are here to help.

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Your classification as a veteran is what entitles you to recover VA disability benefits. Although our firm does not talk about this criterion often because it largely goes without saying, to recover VA disability benefits, you must be a veteran of the U.S. Armed Forces. That, then, begs the question: What precisely is a veteran of the U.S. armed forces?

In this article, we will answer that question.

Who qualifies as a veteran?

There are three criteria for determining whether or not an individual is a veteran. The first is obvious. You must be able to establish that you served in the U.S. Armed Forces. This includes the Coast Guard, National Guard, and even commissioned officers who fulfill civilian roles in the healthcare industry. In some cases, civilians who worked alongside the military will also qualify as a “veteran.” Lastly, those who attended a military academy will qualify as a veteran.

Nonetheless, there is a second criterion. You must not have been dishonorably discharged. Those who were dishonorably discharged cannot qualify for VA benefits. 

Lastly, you must be able to establish that you were “active duty” military at the time of your injury. In other words, if you fall out of bed on your way to the coffee maker while acting as a reserve, the VA disability fund will likely not honor that claim. Active duty means full-time duty. Reservists will qualify after they have been called to active duty. Training exercises will also likely be considered active duty. There is limited leeway for those who are not on active duty to file claims if they are injured during exercises or as part of their military duty. 

Was your discharge “other-than-dishonorable”?

The term “other than dishonorable” does not tell you much about what prevents veterans from seeking VA benefits. To simplify, there are discharge conditions that will disqualify an individual from VA benefits. Those are:

• Discharge as a conscientious objector who refused to perform military duties
• Discharge as a consequence of general court-martial
• An officer who resigns for the good of the service
• Discharge as an alien during a time of hostility
• Discharge as a result of AWOL for at least 180 days

Further, a veteran who accepts an undesirable discharge to avoid court-martial will likely not qualify for benefits. These can include mutiny or spying, or an offense involving moral turpitude. It used to be that homosexual acts also could disqualify a veteran for benefits, but that provision has since been rescinded. 

Talk to a Chicago Veterans’ Disability Lawyer Today

The Comerford Law Office, LLC helps U.S. veterans apply for VA disability benefits. Call our office today to set up a free consultation and we can begin discussing your next steps immediately.

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VA Attorney James Comerford has experience handling cases related to veterans benefits. Our law firm can help you determine which benefits you are eligible for, file an appeal for denied benefits and more. Schedule a consultation with our compassionate Nashville veterans benefits lawyer today.

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Receiving a denial for a claim that you know is legitimate is one of the most frustrating things you can experience. It can be even worse for military veterans.

Let’s be honest. The VA probably denied your claim in a faster amount of time than it took for you to file. Even though having your claim denied is frustrating, it’s common. Many agencies will deny a claim hoping that the claimants don’t seek an appeal. But filing an appeal is exactly what you need to do.

The Appeal Process

Your disability appeal process starts with choosing how you want to approach your appeal. There are three decisions that you can choose from:

• Board of veterans’ appeals. With this option, you can request that a Veterans law judge review your claim.
• Higher-level review. With this option, you can ask the VA to review your claim using the evidence already in your file.
• Supplemental claim. This option allows you to ask the VA to review your original claim with the new evidence you’ve presented.

While there is no right or wrong decision, you may want to choose your process based on the reason why your claim was denied. For example, a higher-level review process is great if you disagree with the VA’s disability rating.

What A Veterans Benefits Attorney Can Do

Before deciding which route to take your appeal, you may want to consult with a veterans benefits attorney. A skilled attorney can make the appeal process less complex for you. Their expertise can decide on the best approach to take your appeal. Veterans benefits attorneys can review your file, the agency’s decision, and how to proceed with your appeal.

Filing a Notice Of Disagreement (NOD)

A veterans benefits attorney can assist you with filing your Notice of Disagreement (NOD). Because the process is stressful, you may be overcome by emotions while filing. A veterans benefits attorney can inform the VA why you deserve to have your claim reviewed again. A veterans benefits attorney can also provide the right information to include in your NOD.

Many veterans may mistake providing too much information in their notices. An attorney knows how to limit the information you need to include in your NOD while mentioning the important details.

Choose The Best Appeal For You

A veterans benefits attorney can also help you choose the best appeal process for your claim. Your attorney can help you either prepare your appeal to a decision review officer (DRO) or for the Board of Veterans Appeals (BVA). Even if a DRO denies your claim, you still have the option of appealing to the BVA. An attorney can help prepare you for either case.

Discuss Your Case With A Veterans Benefits Attorney Today

To learn more about the VA disability appeal process, speak with a veterans benefits attorney at the Comerford Law Office. Call our office, or submit our contact form today to schedule an initial consultation.

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Comerford Law Office provides legal services for veterans seeking veterans’ disability benefits. James R. Comerford has fulfilled the United States Department of Veteran’s Affairs accreditation process and is authorized to represent Veterans seeking disability benefits. Many young military members go overseas just starting their adult lives and with many plans for their future careers. However, too many return to the United States with those plans vastly changed. Many serious injuries sustained at war can prevent a veteran from pursuing their intended career path or even from working at all. If you were injured and are unable to earn a living, you may qualify for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation.

Generally speaking, the amount of veterans benefits you will receive for your injuries depends on your disability rating as determined by the Department of Veterans Affairs (VA). However, if you have an injury or condition that is not 100 percent disabling but still prevents you from getting a job and/or keeping gainful employment, you may qualify for a TDIU rating, which can increase the number of benefits you receive to 100 percent despite having a lower disability rating.

Generally speaking, to qualify for individual unemployability, you must meet the following criteria:

• You are a veteran;
• You have service-related disabilities as follows (one disability with at least a 60 percent disability rating; or two or more disabilities with one rated at least 40 percent and the combined rating for both adding up to at least 70 percent);
• Your disability renders you unable to sustain gainful employment (odd jobs do not count).

In some rare circumstances, veterans with ratings lower than the above minimums may still be approved for TDIU benefits if their disabilities have specific effects that make it impossible to hold down a job.

Helping You Qualify for TDIU

Many people who do have less than 100 percent disability ratings are not aware that they may be eligible for more benefits if they cannot work. They may struggle to try to survive on their partial benefits and odd jobs since they are unable to hold a job for an extended period of time. Some conditions that may keep you from working include:

• Back injuries – These can keep you from lifting, moving around, or even from sitting for extended periods of time;
• Traumatic brain injuries – TBIs can cause cognitive impairments that can make it impossible to focus, follow instructions, or communicate with others;
• PTSD – Many veterans with PTSD have uncontrollable flashbacks, fears, anger, and other mental struggles that can often lead to termination from a job.

These are only a few of many conditions for which we may be able to get you qualified for TDIU.

VA Unemployability FAQ’s

What Exactly is a VA Unemployability Claim?

A TDIU claim is quite difficult to prove, but you do not have to prove that you are “100% disabled.” The VA will, however, expect you to prove that your disability is real, it meets specific criteria from the VA, your disability was acquired in the line of duty, and it prevents you from sustaining gainful employment. 

What are the VA’s Criteria for Total Disability or Individual Unemployability?

Even if the disability rating assigned to you by the VA is less than 100%, you can still have your rating adjusted to 100% based on individual unemployability. To claim TDIU benefits, you must prove the following:

• You are already the recipient of service-connected benefits
• One disability is rated at 60% or higher OR two disabilities are rated at 70% or higher
• OR, your disability qualifies you for special consideration and the rating method used by the VA should not apply (known as extra-schedular)
• OR, you have medical or vocational proof that your disability prevents you from working
• Lastly, you can file a separate claim to have your disability rating increased.

What is the TDIU Effective Date?

The effective date is the date from which you are assigned benefits. This date is not the date that the VA accepts your claim. Instead, it is the date on which you filed the claim (or the date on which the VA received your claim). You will be entitled to back pay from the date your filing was accepted to the date your filing was granted. Additionally, veterans who apply for disability rating changes have effective dates as well. These are calculated from the date the VA receives the claim.

Am I Entitled to Back Pay from the VA?

Yes. Applications can take years to sort out. Once your application has been granted, the VA will pay your claim from the date it received your application. You are entitled to recover payments from the date your application was received to the date your claim is granted.

How Long Does VA Unemployability Last?

Depending on your medical progress, VA unemployability can either be permanent or temporary. In cases in which unemployability is deemed permanent, you will see the P&T (permanent and total) box checked. This means that there will be no future medical exams scheduled to determine your status. In some cases, veterans are re-rated as having higher disabilities, while in other cases, they are re-rated lower. 

Contact an Experienced Chicago Veterans’ Compensation Lawyer For Help

Many different service-related conditions and disabilities can make it impossible for you to keep a job that is sufficient to support yourself. At the Comerford Law Office in Chicago, we understand the many different ways that disabilities can prevent you from earning an adequate living. You do not have to continue struggling to make ends meet with partial veterans’ disability payments. Instead, you should not hesitate to call dedicated veterans disability attorney James R. Comerford to discuss your options for Total Disability Individual Unemployability (TDIU) Veterans’ Compensation. Call us today.

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Late on Tuesday night, June 25, President Trump signed into law H.R.299, the Blue Water Navy Vietnam Veterans Act of 2019, marking an end to the now-famous effort for Vietnam-era naval veterans to obtain disability benefits for conditions related to Agent Orange exposure. For over a decade, versions of this bill have been defeated and stalled at various stages of the legislative process. Now, with the bill finally being signed into law, disability benefits may now be extended to an estimated 90,000 veterans nationwide.

The bill addresses “Blue Water” naval veterans, those who served offshore during the Vietnam War. These veterans are presumed to have been exposed to dangerous defoliants — including Agent Orange — at some point during the conflict. A large body of research has tied these chemicals to various diseases and conditions, including several forms of cancer. The law indicates 15 diseases which will be covered:

• Hodgkin’s disease,
• light chain amyloidosis,
• chloracne,
• non-Hodgkin’s lymphoma,
• porphyria cutanea tarda,
• prostate cancer,
• multiple myeloma,
• respiratory cancers,
• Parkinson’s disease
• early-onset peripheral neuropathy,
• soft-tissue sarcoma,
• type-2 diabetes mellitus,
• ischemic heart disease,
• chronic B-cell leukemias,
• And spina bifidea for the children of veterans serving in this area.

The cost of the expanded benefits, which was the main point of objection for some lawmakers in the past, is estimated to be between $1.1 billion (according to the Congressional Budget Office) and $5.5 billion (according to the VA). Funding is expected to draw from increased fees on home loans for certain veterans.

A Long Fight

Throughout the 90s, a growing body of evidence suggested a connection between various diseases and cancers, and exposure to chemicals like Agent Orange. This eventually culminated in legislation which now offers benefits to veterans who were exposed to these chemicals and who are currently suffering from related symptoms. However, this legislation excluded Blue Water veterans under the presumption that they were not within a close enough proximity to the chemicals to be affected. In the following decades, various efforts to modify the existing laws were all defeated.

This most recent series of events was instigated in January of 2019, when the US Court of Appeals decided in favor of Alfred Procopio Jr., a naval veteran who was suing for benefits denied under the current law. With this decision, and the subsequent decision by the Department of Justice not to appeal the ruling, the door has been opened to naval veterans hoping to receive benefits. Already, the VA is processing related naval veterans claims, and this bill represents an important step towards officially legislating the process and protecting it from future legal action.

Moving Forward

After an extensive legal battle, the door is now opening to expanded benefits for tens of thousands of Vietnam naval veterans. Veterans who served offshore during the Vietnam War — and who suffer from one of the conditions listed above — should be able to apply for VA disability benefits. This victory has been decades in the making, and thousands now wait anxiously for the policy to be fully implemented.

If you or a loved one are a naval veteran hoping to secure VA benefits for an illness on the list above, finding reliable legal counsel can be an important step toward helping you file your claim properly, and can help you better understand your options under current VA law. The Comerford Law Office, LLC, has extensive experience handling veterans disability claims and has helped many veterans obtain benefits for the first time or modify a previously issued disability rating. If you are considering filing for veteran’s disability benefits, get in contact with The Comerford Law Office, LLC, today to learn more.

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For decades, water contamination on the country’s military bases has been left unaddressed. As a result, too many people have become sick because the military does not want to spend the money to decontaminate the groundwater.

According to a Military Times article, Congress is particularly concerned about two chemical compounds, perfluoroalkyl and polyfluoroalkyl substances, also called PFAs. These chemicals are found in all sorts of products in Indiana and other states, such as dental floss, food containers, and stain-resistant clothing.

They have also been used in firefighting foam in military jets. Unfortunately, these compounds take thousands of years to break down naturally, which has earned them the name “forever chemicals.”

PFAs are in the water systems around the country as well as on military bases. Indeed, the Defense Department has identified over 400 military sites where PFAs were used. Many military families are increasingly fearful of the water in and around bases, and they are particularly worried that the Defense Department has not shown any intent to fix the problem.

PFAs contamination can lead to many negative health effects, including lower birth weight in babies, some cancers, and liver problems. These compounds are also dangerous at much lower levels than previously thought. Evidence has come to light that the military was aware of the potential dangers of these chemicals going all the way back to 1991, when Fort Carson in Colorado stopped using them as a rule.

Clean Up Costs Could Reach the Billions

Cleaning up military bases would not come cheap. According to best estimates, it would cost around $2 billion to clean up the two PFAs that are causing the most concern. The Pentagon has not yet requested any money to start the cleanup process. Instead, the military is handing out bottled water to people living on bases with suspected contamination.

Why is the Pentagon dragging its feet? Some suspect that the military wants to avoid legal responsibility. Requesting funds for cleanup would be a pretty clear admission that there is a problem, which could open them up to legal liability.

Indeed, the Navy has recently denied all civil liability for claims that arise from water contamination at Camp Lejeune. According to NBC News, the Navy has rejected the claims of 4,500 people who requested around $963 billion in compensation.

The Camp Lejeune contamination was one of the largest contamination cases in this country’s history, leading to a host of medical issues, including the death of children from cancer. Veterans Affairs estimated that, all told, around 900,000 people were possibly exposed to the contamination. Although the VA provides disability benefits stemming from the exposure, the government is not interested in paying additional compensation.

Contact an Indiana Veterans Benefits Attorney

If you were disabled while serving in the military, you might have a claim for benefits. Please contact our law firm now. The process for obtaining benefits is often difficult, with potential roadblocks popping up when you least expect them.

At the Comerford Law Office, LLC, we have helped many injured veterans get the compensation they need to move forward with their lives. Please contact us today to schedule your free consultation.

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