VA Disability Lawyer Serving San Jose, CA
Are you a veteran living in San Jose, California with a disabling condition related to your military service? If so, you may qualify for VA disability compensation. The Department of Veterans Affairs (VA) offers a variety of disability benefits, including monthly compensation, to eligible veterans with service-connected conditions.
If you already applied for benefits but VA denied your claim, a Chisholm Chisholm & Kilpatrick LTD veterans (VA) disability attorney serving San Jose, CA may be able to help. Reach out to CCK today at 800-544-9144 to schedule a free case evaluation.
VA Resources in San Jose, California
VA has several facilities in the San Jose region providing resources to San Jose veterans, including a Regional Office, a Vet Center, a VA Clinic, and Medical Center:
San Jose VA Clinic: The San Jose VA Clinic provides primary and specialty health care services, including diabetes care, podiatry, PTSD treatment, cardiology services, and more.
Palo Alto VA Medical Center: The Palo Alto Medical Center, the closest VA medical center to San Jose, offers primary health care, mental health care, PTSD treatment, suicide prevention, surgery, addiction treatment, and more.
San Jose Vet Center: The San Jose Vet Center offers confidential help and counseling for veterans.
Oakland Regional Office: The VA Regional Office assists San Jose veterans with applying for VA benefits, Veteran Readiness and Employment, and more.
How to Get Disability Compensation in San Jose, CA
Veterans living in San Jose, CA may be eligible for VA disability benefits if they have evidence of the following three things:
- An in-service event, injury, or illness;
- A current diagnosis of a disabling condition by a medical professional; and
- A medical nexus, or link, between the in-service event and current disability.
Establishing a medical nexus is essential to securing VA disability benefits. Veterans can request a nexus opinion from their private physician or another medical professional. VA may also schedule a Compensation and Pension (C&P) exam to confirm if connection between the in-service event and disabling condition is “at least as likely as not.”
Current VA Disability Rates
Once service connection is established, VA will assign your condition a disability rating, ranging from 0 to 100 percent. Your combined disability rating (i.e., the combination of each individual rating using VA math) determines your 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
Additional Compensation for Dependents
Veterans with a combined disability rating of 30 percent or higher may be eligible for compensation for any qualifying dependents. 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
Appealing a VA Denial in San Jose, CA
If VA denied you service connection or if you believe your rating should be higher, you can file an appeal with VA. There are currently three ways to appeal a VA decision:
- Request a Higher-Level Reviewof your current claim by a senior VA employee;
- Submit new and relevant evidence as part of a Supplemental Claim; or
- File a Notice of Disagreementwith the Board of Veterans’ Appeals.
A Chisholm Chisholm & Kilpatrick LTD veterans (VA) disability attorney serving San Jose, CA may be able to help you gather evidence and file the appeal. Reach out to CCK today to learn more.
Evidence for VA Appeals
There are different types of evidence that can be useful in proving your appeal for disability compensation. Some examples include:
- Service medical records
- Service personnel records
- Private and VA medical records
- Medical opinions from the veteran’s treating doctor
- 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).
CCK Can Help You Appeal a VA Denial
If VA denied you disability benefits, a Chisholm Chisholm & Kilpatrick LTD veterans (VA) disability lawyer serving San Jose, CA may be able to help you secure the compensation you deserve. Call 800-544-9144 today to schedule a case evaluation.
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