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Veterans Disability Lawyer Serving Delaware

Veterans living in Delaware who have a current, diagnosed disability due to their military service may qualify for VA benefits. Sometimes veterans are denied VA benefits upon filing their claims. At Chisholm Chisholm & Kilpatrick LTD, our attorneys help veterans appeal VA disability compensation denials. To speak with a member of our team, call our office at 800-544-9144.

Delaware VA Benefit Resources

Delaware veterans can receive VA assistance at the state’s Regional Benefit Office and health care at the VA Medical Center, both located in Wilmington.

Delaware VA Regional Benefit Offices

Delaware VA Medical Centers

Delaware Community-Based Outpatient Clinics

Delaware VA Statistics

Delaware has more than 72,000 residents who are veterans, making up nearly 10 percent of the state’s population. Of this number, more than 12,500 Delaware veterans receive VA disability compensation, and more than 26,000 are enrolled in VA’s health care system. Almost 16,000 have received treatment at a VA facility.

About half of Delaware’s veterans are 65 years or older, and over 12 percent are military retirees.

A Convincing VA Disability Appeal in Delaware

VA has three main requirements when it comes to granting disability benefits. First, you must have a current, diagnosed disability. Second an event, injury, or illness must have occurred during service. Last, you must provide a “nexus” between the two.

Proving You Have a Current, Diagnosed Disability

To show that you have a current, diagnosed disability you may use evidence such as:

  • Medical records
  • Statements from qualified healthcare professionals

An Event, Injury, or Illness Occurred During Your Military Service

After proving that you have a current, diagnosed disability, you must show a specific event, illness, or injury that occurred during your military service. For example, this can include being wounded in combat or suffering an injury during a training exercise.

Providing a “Nexus”

A “nexus” is a link between the in-service event and your current, diagnosed condition. This nexus opinion must be provided by a qualified healthcare professional. For VA disability compensation purposes, the standard of proof in order to receive a favorable decision is “at least as likely as not” that the current condition is due to military service.

VA Disability Compensation Levels

Evidence should show not only that you have a current, diagnosed condition but also the severity of that condition.  VA assigns a disability rating between 0 and 100 percent based on the severity of your service-connected condition. Your combined disability rating determines the amount of your monthly VA benefits.

As of 2020, monthly compensation amounts based on VA combined ratings are as follows:

  • 0 percent disability rating: $0.00 per month
  • 10 percent disability rating: $142.29 per month
  • 20 percent disability rating: $281.27 per month
  • 30 percent disability rating: $435.69 per month
  • 40 percent disability rating: $627.61 per month
  • 50 percent disability rating: $893.43 per month
  • 60 percent disability rating: $1,131.68 per month
  • 70 percent disability rating: $1,426.17 per month
  • 80 percent disability rating: $1,657.80 per month
  • 90 percent disability rating: $1,862.96 per month
  • 100 percent disability rating: $3,106.04 per month

If you have a disability rating of 30 percent or higher, you may qualify for additional benefits for dependents such as a spouse, child under 18 years old, child between the ages of 18-23 in school, or a dependent parent.

TDIU May Be an Option

You can receive the highest schedular level of monthly compensation either through a 100 percent schedular disability rating, or Total Disability Based on Individual Unemployability (TDIU), In order to be eligible for TDIU, you must prove that you are unable to secure and maintain substantially gainful employment due to your service-connected conditions.

If You Were Denied Benefits, Chisholm Chisholm & Kilpatrick LTD May Be Able to Help You

The legal team at Chisholm Chisholm & Kilpatrick LTD helps Delaware veterans who have been denied VA disability compensation continue fighting for the benefits to which they are rightfully entitled.

For a free evaluation, call our office at 800-544-9144.