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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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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