Veteran (VA) Disability Lawyer Serving Aurora, Colorado
Colorado has hundreds of thousands of veterans, including nearly 170,000 Gulf War veterans and over 130,000 Vietnam veterans. To assist veterans with their health conditions related to their military service, VA disability benefits are available.
As of 2017, there were over 100,000 veterans receiving disability compensation in the state of Colorado, according to the U.S. Department of Veterans Affairs (VA). However, many veterans who believe they are eligible for disability benefits have been denied by the VA.
If you have received a denial of VA disability benefits, a veteran (VA) disability attorney serving Aurora, Colorado, may be able to offer legal counsel as you navigate the appeals process. Here at Chisholm Chisholm & Kilpatrick LTD, our firm is made up of passionate and dedicated veterans advocates who make it their mission to effectively serve our clients.
Our team of attorneys and advocates provide our clients with a better understanding of the appeals process. We work as a unified team to fight for the disability benefits to which our clients are rightfully entitled.
To get started, a team member at Chisholm Chisholm & Kilpatrick LTD would love to begin learning more about your unique set of circumstances. Contact us today at (844) 549-4500 for your free consultation
VA Regional Benefit Office Serving Aurora, Colorado
VA Facility Serving Aurora, Colorado
Aurora, Colorado Healthcare System
VA Outpatient Clinics Serving Aurora, Colorado
Understanding Eligibility for VA Disability Benefits
By understanding which of VA’s requirements were not met in your initial claim, you can tailor your appeal to ensure their guidelines are met.
Generally, VA requires proof of three things to approve a grant of service-connected disability benefits:
- An in-service event, injury, or illness;
- A current diagnosis by a medical professional; and
- A medical nexus, or link, between your in-service event, injury, or illness and your current diagnosis.
Typically, VA requires that your condition be examined and diagnosed by a medical professional. Whether you visit a VA doctor or a private physician is up to you, but your doctor must be able to establish that your injury or condition is “at least as likely as not” a result of your military service. In the case of an appeal, it may be in your interest to see a specialist related to your health condition, as they can provide further insight for VA to consider.
If you retain the services of a veteran (VA) disability attorney serving Aurora, Colorado, with Chisholm Chisholm & Kilpatrick LTD, we use our intimate knowledge of the appeals process to guide you through these complex proceedings and build a strong appeal with a basis in the law and evidentiary support.
Showcasing the Connection Between Your Service and Current Diagnosis
As VA does not grant disability benefits for injuries and illnesses unrelated to your military service, you must establish a conclusive link between your time in the military, your health condition, and your medical diagnosis.
There are several paths to proving a health condition is due to military service. Depending on your unique circumstances, one of these may be more applicable than the others. Sometimes, your individual case may require several different theories for different disabilities. Our team of experienced veterans’ advocates works with our clients to determine the best path for their unique case and establish a plan of action accordingly. Examples of a path to service connection could include:
- Direct connection: these links show a definitive cause-and-effect relationship between your service and your current health condition. Examples of this connection may include injuries sustained in combat backed by military documentation.
- Aggravated connection: as opposed to a health condition originating during your time in service, these connections deal with a noted pre-existing condition that was exacerbated by your military service. As such, your condition must have been properly documented during your entrance examination. Another situation in which this path could apply is if an already service-connected disability aggravates a different non-service-connected condition.
- Presumptive connection: this connection applies to veterans with qualifying service as defined by statute and regulation. Veterans who served in certain locations during certain time periods may be eligible for disability benefits for conditions acknowledged by the VA to be associated with that time/location.
VA Disability Benefit Rates
VA disability claims are granted based on your combined disability rating, which is assigned in the form of a percentage from 0 to 100. However, if your combined disability rating is 30 percent or higher, you may be eligible for additional compensation, such as dependency benefits for dependent children, parents, or a spouse.
VA Disability Attorneys Fighting for Veterans
The dedicated team of veteran (VA) disability attorneys and advocates at Chisholm Chisholm & Kilpatrick LTD is proud to serve veterans in the Aurora, Colorado area. We have used our knowledge and experience to help thousands of veterans file successful appeals with the VA and receive the benefits to which they are rightfully entitled. To get started with your free initial consultation to see if we can assist you, contact the Chisholm Chisholm & Kilpatrick LTD team at (844) 549-4500.
Aurora Blog Posts
- VA 2020 Compensation Rates and Cost of Living Adjustment (COLA)
On July 10, 2019, U.S. Senators Johnny Isakson and Jon Tester, introduced the Veterans’ Compensation Cost-of-Living Adjustment (COLA) Act of 2019. Last week, President Donald Trump signed this act into law. As a result, veterans can expect to see a cost of living increase impacting their VA disability compensation in 2020. Specifically, the new law […]
- What Are the Requirements for TDIU?
Total Disability Based on Individual Unemployability (TDIU) is a VA benefit that allows veterans to receive benefits at the 100% rate if their service-connected disabilities prevent them from obtaining and maintaining substantially gainful employment. Schedular vs. Extraschedular TDIU There are two ways to qualify for TDIU under the VA’s regulation for TDIU, 38 C.F.R. 4.16: […]
- What is a Request for VA Reconsideration and How Does it Work?
Request for VA Reconsideration: Legacy Appeals System vs. Appeals Modernization Act Legacy Appeals System A request for reconsideration in the legacy appeals system (i.e. the old appeals system) occurs when a claimant asks VA to reconsider an unfavorable decision because they feel that (1) an error of fact has been made that has affected the […]