Gardberg & Kemmerly, P.C. Attorneys at Law 2026-08-25T14:54:56Z https://www.gardberglaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1503660/2023/09/cropped-fl-site-icon-32x32.png by Noell Espaillat https://www.gardberglaw.com/?p=53153 2026-08-20T14:18:57Z 2026-08-20T13:32:58Z

Adenylosuccinate Lyase Deficiency – Neonatal Form and Type 1

Aicardi Syndrome

Baraitser-Winter Syndrome

Beare-Stevenson Cutis Gyrata Syndrome

Bohring-Opitz Syndrome

CASK-Related Gene Disorders

Hepatosplenic T-Cell Lymphoma

Lafora Disease

Malignant Migrating Partial Seizures of Infancy (MMPSI)

OPHN1 Syndrome

Primary Cardiac Sarcoma

Primary Intracranial Malignant Melanoma

Uveal Melanoma – with Metastases

Warburg Micro Syndrome

You can view the full list of eligible conditions on Social Securities website. The Compassionate Allowances list is separate from Listings or other rules. However, if you have one of the CAL conditions, you likely may meet a Listing level impairment as outlined by Social Security. Many of these conditions are very rare conditions that can affect both children and adults. Contact an experienced Social Security disability representative at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation and lets determine if your condition may fall within the Compassionate Allowance list. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.]]> by Gardberg & Kemmerly, P.C. Attorneys at Law https://www.gardberglaw.com/?p=53140 2026-08-12T13:33:37Z 2026-08-12T13:33:37Z

Sleep apnea – currently, sleep apnea is assigned a 50% evaluation when the veteran requires a breathing device, such as a CPAP machine.  The current focus is on whether the veteran uses a breathing assistance device, rather than the functional impairments the veteran’s sleep apnea causes that persist, even after treatment is in place. The VA asserts that advances in treatment allow many veterans to function with little functional impairment despite requiring continued treatment. Moving forward, the VA proposes to focus instead on how much impairment remains after treatment, rather than whether the veteran uses a CPAP machine or other breathing device. Under the proposed changes, sleep apnea that is asymptomatic without or with treatment would likely be rated as noncompensable. If the treatment provides partial relief, the sleep apnea would be rated at 10%. Higher ratings would be assigned only where treatment is unsuccessful. Tinnitus – While ratings for tinnitus are currently capped at 10%, proposed changes would eliminate the diagnostic code for tinnitus altogether. The VA bases this change on its position that tinnitus is not a stand-alone disease but, rather, a symptom of another condition (such as TBI or hearing loss). The VA emphasizes that these changes will not, however, automatically result in reductions (unless there is evidence of actual improvement). Mental Health – Mental health evaluations are currently symptom-driven. The VA proposes to change the system to better align with the DSM-5 diagnostic manual and functional impairment. The VA also proposes to eliminate the noncompensable mental health rating and set a minimum 10% rating where there is a diagnosed mental health condition, reasoning that the fact of the diagnosed condition necessarily results in some degree of functional impairment. At Gardberg and Kemmerly, we keep a close eye on any pending legislation to best help our clients. We focus on helping clients pursue the full benefits they have earned through their service, and we take the time to understand each client’s medical history, service record, and family circumstances so we can present the strongest possible case. Contact an experienced Veterans Disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court and is honored to represent Veterans and their families.]]> by Lewis Carter https://www.gardberglaw.com/?p=53136 2026-07-29T13:53:32Z 2026-07-29T13:53:32Z

by Gardberg & Kemmerly, P.C. Attorneys at Law https://www.gardberglaw.com/?p=53135 2026-07-22T20:15:54Z 2026-07-22T20:15:54Z

by Ann Rouse https://www.gardberglaw.com/?p=53134 2026-07-14T13:51:19Z 2026-07-14T13:51:19Z

On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Law https://www.gardberglaw.com/?p=53132 2026-07-03T09:32:55Z 2026-07-03T09:23:54Z

If your job takes you overseas to support a United States government project, you may face risks that differ from those at home. A work related injury or illness could affect your health, your income and your family's financial security. The Defense Base Act may provide benefits to certain civilian workers who get hurt or become ill while working outside the United States. Learning how this law works may help you better understand your rights if something happens.

What is the Defense Base Act?

The Defense Base Act is a federal law that provides workers' compensation benefits to many civilian employees who work on government related projects outside the United States. It often covers people who work under federal government contracts, including defense, construction and public works projects. Depending on your situation, the law may cover injuries that happen while you work overseas. It may also cover illnesses that develop because of your job.

Who may qualify for benefits?

Your eligibility may depend on the work you do and the government contract connected to your job. The following workers may qualify for benefits:

• Civilian employees who work on United States military bases outside the country
• Employees who work on construction or public works projects funded by the federal government
• Contractors and subcontractors who support military operations or other government projects overseas
• Employees who provide certain services connected to national defense activities abroad

Your employer's location in Florida does not decide whether the Defense Base Act applies. Instead, your job duties and the government contract usually play a bigger role.

What benefits could be available?

If you qualify, the Defense Base Act may help cover some of the financial challenges that follow a work related injury or illness. You may receive benefits such as:

• Medical care for a work related injury or illness
• Wage replacement if you cannot return to work right away
• Disability benefits for temporary or permanent injuries
• Survivor benefits for eligible family members after a work related death

In addition, federal law may overlap with some Florida legal procedures. For example, this Florida law explains when workers should report workplace injuries under Florida's workers' compensation system. Although Defense Base Act claims follow federal rules, reporting your injury as soon as reasonably possible may help support your claim and reduce delays.

Why do filing deadlines matter?

The Defense Base Act sets deadlines for reporting injuries and filing claims. You generally must give your employer written notice of your injury within 30 days of the injury or the date you learned it was work related. In most cases, you have one year from either your injury date or your most recent compensation payment to submit a claim with the U.S. Department of Labor. Missing these deadlines could affect your ability to receive benefits, so keeping your medical and employment records organized may help support your claim.

Protect your understanding of your rights

A work related injury overseas can raise questions about your benefits and your legal rights. As you learn how the Defense Base Act applies to your job, your family and the claims process, you may feel more prepared to understand the worker’s compensation and benefits that could be available under federal law.]]> On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Law https://www.gardberglaw.com/?p=53120 2026-04-30T09:36:57Z 2026-04-30T09:36:57Z

If you served in the military and now live with a disability, you may qualify for VA compensation. Knowing what evidence the VA requires can help you build a stronger claim.

What "service-connected" means

The VA must officially decide your disability was caused or worsened by military service. A diagnosis alone is not enough. You must show evidence that ties your condition to a specific event, injury or illness during your time in service.

The three elements the VA requires

Every service connection claim rests on three core requirements. You must show all three to move your case forward:

• Current diagnosis: A doctor must confirm you have the condition now.
• In-service event: Records must show something occurred during service that caused or worsened your condition.
• Medical nexus: A qualified provider must link the two with a formal opinion.

The nexus opinion is often the hardest element to obtain. It must state your condition is "at least as likely as not" related to your service.

Types of evidence that support your claim

The VA accepts several forms of evidence beyond medical records. Strong submissions typically include:

• Service treatment records: Documents showing an injury, illness or exposure during active duty.
• Lay statements: Written accounts from you, family members or fellow service members describing when symptoms started.
• Buddy statements: Specific accounts from other veterans who witnessed your injury or condition.

Each piece of evidence helps fill in the full picture of your service history and current health. No single document is always sufficient on its own.

The benefit of the doubt rule

If the evidence for and against your claim is roughly equal, the VA must rule in your favor under 38 U.S.C. § 5107(b). Alabama veterans also receive additional protections under Ala. Code § 36-26-15, which adds 10 points to state employment exam scores for veterans with a service-connected disability. That standard gives you a real opportunity even when records are incomplete. 

Speak with an attorney about your claim

Service connection claims involve detailed rules and specific deadlines. An attorney who handles veterans disability benefits can review your records and clarify which evidence matters most for your specific claim.]]> by Ann Rouse https://www.gardberglaw.com/?p=53108 2026-03-13T17:33:30Z 2026-03-13T17:33:30Z

On Behalf of Gardberg & Kemmerly, P.C. Attorneys at Law https://www.gardberglaw.com/?p=53103 2026-02-24T12:56:43Z 2026-02-24T12:43:27Z

You work hard to manage your health after military service. Medication often plays a big role in that effort. If you file a veterans disability claim, your treatment plan may also shape how the Department of Veterans Affairs (DVA) reviews your case. When you understand how this works, you may feel more prepared during the claims process.

How do reviewers look at your medication history?

When a VA rater reviews your file, that person often looks at your medical records, including your prescriptions. Your records can show how serious your condition is and how it affects your daily life. If you take your medication as prescribed, it may suggest that you actively manage an ongoing health problem. On the other hand, long gaps in refills might raise questions. A reviewer could wonder if your symptoms improved or if you stopped treatment for another reason. Under federal law, the VA evaluates how your condition affects your ability to function in daily life. A 2026 amendment clarified that raters should consider your level of impairment while you take prescribed medication. Although the VA paused enforcement of that update in Feb. 2026, the rule remains under review. As a result, your current treatment plan may still carry weight in how a rater views your claim.

What common medications veterans can use?

If you receive care at VA facilities such as those in Birmingham or Tuskegee, your prescriptions likely form part of your official VA medical file. Many Alabama veterans take medication for:

• Pain relief for back, knee or joint injuries
• Mental health conditions such as post traumatic stress disorder (PTSD) or depression
• Chronic illnesses such as diabetes, heart disease or nerve disorders

Each prescription may help show that your condition requires ongoing care. That record can support your claim if it reflects consistent treatment and lasting symptoms.

Why steady treatment may matter?

Staying consistent with treatment may help show that your condition does not simply come and go. You might consider keeping track of:

• Refill dates through My HealtheVet or your pharmacy
• Side effects such as dizziness, nausea or fatigue
• Doctor visits where you discuss changes in dosage

Side effects can matter. Even if medication reduces pain or stabilizes mood, it may also cause problems that affect your ability to work or handle daily tasks. When your records note those issues, a reviewer may gain a clearer picture of your limits.

Showing your real daily challenges

You may find it helpful to explain how you function both with and without medication. For example, you might still struggle with focus, stamina or mobility even when you follow your treatment plan. Clear and honest descriptions can help connect your medical records to your everyday experience.

Key takeaways for Alabama veterans

Medication can do more than treat symptoms; it can support your disability claim. Keeping a routine, noting side effects and keeping your healthcare team in the loop may help your veterans disability claim reflect your true limitations. Showing that you actively manage your health may make it easier for evaluators to see the extent of your disability.]]> by Lewis Carter https://www.gardberglaw.com/?p=53101 2026-02-13T17:48:50Z 2026-02-13T17:48:50Z