Veterans (VA) 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
- Wilmington: Wilmington Regional Benefit Office
Delaware VA Medical Centers
- Wilmington: Wilmington VA Medical Center
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 December 1st, 2020 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $144.14 per month
- 20 percent disability rating: $284.93 per month
- 30 percent disability rating: $441.35 per month
- 40 percent disability rating: $635.77 per month
- 50 percent disability rating: $905.04 per month
- 60 percent disability rating: $1,146.39 per month
- 70 percent disability rating: $1,444.71 per month
- 80 percent disability rating: $1,679.35 per month
- 90 percent disability rating: $1,887.18 per month
- 100 percent disability rating: $3,146.42 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.
Delaware Blog Posts
- Statement in Support of Claim for VA Benefits
What is a Statement in Support of Claim? A Statement in Support of Claim, also known as a Lay Evidence or a Witness Statement, is a VA form that veterans, their families, friends, former service members, etc. can use to provide information to substantiate a claim for VA benefits. The Statement in Support of Claim form, […]
- Automatic 50% PTSD Rating
Post-traumatic Stress Disorder (PTSD) Explained Typically, one does not hear of automatic 50 percent VA ratings, but the concept does exist in VA law. First, let’s understand PTSD and how VA rates it. According to the American Psychiatric Association (APA), post-traumatic stress disorder (PTSD) is a psychiatric disorder that may occur in people who have […]
- VA Disability Benefits for GERD
Gastroesophageal Reflux Disease (GERD) is a digestive disorder characterized by the occurrence of stomach acid flowing back up the esophagus from the stomach, causing discomfort and inflammation. GERD can typically be managed through lifestyle changes and diet, however, some may need medication to control their condition. GERD is caused by frequent episodes of acid reflux. […]