VA Disability Lawyer Serving Long Beach, CA
Was your disability claim for benefits denied by the Department of Veterans Affairs (VA)?
If you are veteran living in Long Beach, CA with a disability related to your military service, a veterans disability lawyer serving Long Beach from Chisholm Chisholm & Kilpatrick may be able to help. Our team of experienced, accredited attorneys can help you file a VA disability appeal and secure your rightfully earned disability benefits.
VA Facilities Serving Long Beach, California
VA Medical Center
The Tibor Rubin VA Medical Center in Long Beach, CA offers primary and specialty health care services to disabled veterans. These include cardiology, mental health care, suicide prevention, spinal cord injury treatment, and more.
The Los Angeles VA Regional Office serves thousands of veterans in the surrounding areas in Southern California, including Long Beach. It administers several services and benefits for veterans, including disability compensation, Veteran Readiness and Employment (VR&E), loans, insurance, outreach programs, and more.
The Cabrillo VA Clinic in Long Beach, CA provides primary care, mental health care, telehealth, and more to Long Beach veterans.
How to Get VA Disability Benefits in Long Beach, CA
Establishing service connection is essential to securing VA disability compensation. To prove service connection, military veterans must have evidence of the following:
- An in-service event, injury, or illness;
- A current diagnosis of a disabling medical condition; and
- A nexus, or link, between the in-service event and current disability.
Once VA confirms service connection, it will assign a disability rating, ranging from 0 to 100 percent, to the veteran’s condition. A veteran’s combined disability rating (i.e., the combination of each of their individual ratings using VA math) determines their monthly compensation amount.
As of December 1st, 2023 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $171.23 per month
- 20 percent disability rating: $338.49 per month
- 30 percent disability rating: $524.31 per month
- 40 percent disability rating: $755.28 per month
- 50 percent disability rating: $1,075.16 per month
- 60 percent disability rating: $1,361.88 per month
- 70 percent disability rating: $1,716.28 per month
- 80 percent disability rating: $1,995.01 per month
- 90 percent disability rating: $2,241.91 per month
- 100 percent disability rating: $3,737.85 per month
Types of Evidence for VA Claims Process
There are different types of evidence that can be useful in proving a VA claim. Some examples include:
- Private, Service, and VA Medical records
- Military personnel service records
- Medical opinions and nexus letters from medical professionals
- Employment records (especially if the veteran is seeking Total Disability based on Individual Unemployability, or TDIU)
- Lay evidence (i.e., lay statements or buddy statements).
Additional VA Benefits for Dependents
Veterans with a combined disability rating of 30 percent or higher and at least one qualifying dependent may receive additional compensation. Dependents can include:
- A spouse
- Children under the age of 18
- Children between the ages of 18 and 23 who are attending school
- A dependent parent
Increasing Your VA Disability Rating
Sometimes VA will incorrectly evaluate a veteran’s condition and assign them a disability rating that does not accurately reflect the severity of their symptoms. If you believe your condition warrants a rating higher than the one VA assigned, you can request an increased rating. There are several ways to do so:
- File an appeal within VA’s deadlines (one year for most types of appeals);
- File a new claim for an increased rating;
- File for Total Disability based on Individual Unemployability (TDIU) if your service-connected condition renders you unable to obtain or maintain substantially gainful employment;
- File a claim for secondary service connection if you have symptoms or conditions resulting from an already service-connected disability.
The VA disability attorneys at CCK serving Long Beach, CA may be able to help you get a better rating decision.
Appealing a VA Benefits Denial in Long Beach
If you receive a denial letter from VA, there are three options to appeal claim denials in VA’s AMA appeals process:
- Higher-Level Review: Request a review of your current claim by a senior VA employee;
- Supplemental Claim: Submit new and relevant evidence as part of a Supplemental Claim; or
- Notice of Disagreement: File a Notice of Disagreement with the Board of Veterans’ Appeals.
It is important to note that if you file a Notice of Disagreement, your appeal will go directly to the BVA. Then you must also select a docket: direct docket, hearing docket, or evidence docket. If BVA denies your appeal, you have one year to file a Supplemental Claim or appeal to the Court of Appeals for Veterans Claims (CAVC).
How Much Can a Veterans (VA) Disability Lawyer Charge?
VA regulates who can represent a veteran during the VA appeals process and how much they can be paid under 38 CFR § 14.636. Veterans disability attorneys or accredited claims agents charge fees based on recovered retroactive benefits only.
An accredited VA disability attorney typically charges on a contingency basis, meaning they will take a previously agreed upon percentage of recovered retroactive benefits.
Get Assistance from a CCK Veterans Disability Lawyer Serving Long Beach, CA
The law firm of Chisholm Chisholm & Kilpatrick serving Long Beach, CA may be able to help you with the VA appeals process. Our disability lawyers have decades of experience helping disabled veterans win the benefits they deserve for their service-related disabilities.
Call CCK today at 800-544-9144 for a free case evaluation.
Long Beach Blog Posts
- CCK Partners, Staff Present at 2018 Veteran Advocate Conference
Robert Chisholm, Founding CCK Partner Founding Partner Robert Chisholm presented on key case concepts using a real case study, and discussed how to use these concepts to effectively represent veterans and their dependents in front of the VA. Mr. Chisholm discussed how to argue for earliest possible effective dates for claims, as well as how […]
- Board Denial of Claims Related to Chemical Exposure Contained Legal Error
Summary of the Case The Veteran served on active duty in the United States Coast Guard from July 1959 to May 1963. Following service, the Veteran filed claims for benefits for coronary artery disease (CAD), atrial fibrillation, and essential tremors of the hands as due to chemical exposure. In May 1993, a VA examiner wrote […]
- VA Dependency and Indemnity Compensation (DIC) Rates for 2021
Overview of Dependency and Indemnity Compensation (DIC) Dependency and Indemnity Compensation (DIC) is a tax-free, monthly benefit paid to a surviving spouse, children, and sometimes parents of a veteran whose death was related to military service or a service-connected condition. Survivors are not paid the same monthly amount that the veteran was receiving at their […]