Veterans (VA) Disability Lawyer Serving Jacksonville, Florida
Many veterans injured or disabled by their military service feel frustrated, even betrayed when they find themselves having to fight yet another battle—this time with the U.S. Department of Veterans Affairs (VA)—to get the benefits and compensation they deserve.
If you have tried, like so many veterans before you, to file a claim for veterans’ disability benefits, only to be denied or to have your disability underrated by VA, do not despair. A veterans (VA) disability lawyer serving Jacksonville, Florida can appeal VA’s decision on your behalf and fight to get you the benefits you have earned.
Call Chisholm Chisholm & Kilpatrick LTD at (800) 544-9144 for a free consultation. Our contingency fee structure means that we do not get paid unless you get paid.
Jacksonville VA Regional Benefit Office(s)
Jacksonville VA Benefit Office
Jacksonville VA Medical Center
The Basics of Building an Appeal for VA Disability Benefits in Jacksonville
Chisholm Chisholm & Kilpatrick LTD employs a team of VA disability attorneys and accredited VA claims agents. These highly experienced lawyers and advocates know what VA requires for a benefits claim or appeal.
The three fundamental elements that must be demonstrated in order to receive VA disability benefits are as follows:
- 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
Eligibility Requirements for VA Disability Benefits
Veterans must show that a qualified medical practitioner has diagnosed a current, disabling medical condition. Our legal team can help develop your appeal by ensuring that the medical records attached to your claim are comprehensive, from qualified practitioners, and that they accurately represent your disability and how severe it is.
In-service Injury, Event, or Illness
Veterans must demonstrate that their medical condition was caused by an injury, event, or illness experienced during or as a result of active-duty service in the U.S. military. To prove this, you must have service records or other documentation that shows the injury, event, or illness occurred during your time in service.
You must also provide evidence that the injury, event, or illness that occurred in service is medically related to your current disability. This requirement is also referred to as the “nexus,” or link, and many veterans find it is the most challenging aspect of completing a successful application or appeal for benefits.
Presumptive Service Connection
In some cases, you may not need to establish a medical nexus. For certain time periods and locations of service, VA will presume that your condition is connected to your service. For example, if you served in Vietnam during the Vietnam War, VA will presume that you were exposed to Agent Orange and will grant service connection for certain conditions caused by herbicide exposure. Similar presumptions exist for veterans who served in the Gulf War, as well as atomic veterans, and former prisoners of war.
The Basics of VA Disability Compensation Levels
Once VA acknowledges that you meet the criteria for service connection, VA rating specialists will review your application, medical records, and other documentation you submitted with your claim to evaluate the symptoms you are experiencing, including their severity and the degree to which they are disabling.
The more severe your condition, based on the symptoms you reported, the higher your disability rating, and, consequently, the higher your monthly disability compensation.
VA’s Pay Schedule for Various Disability Ratings
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
Although you would receive no monthly compensation for a 0 percent disability rating, you may still qualify for other VA disability benefits, such as health care.
We Can Challenge an Unfavorable VA Decision
You can see from this table how important your disability rating is when it comes to receiving benefits. If you believe that VA underrated your disability, we may be able to help. We can review VA’s rating decision, along with your medical documentation, to determine whether we might be able to get VA to grant your claim, increase your rating, or challenge the effective date that VA has established for your benefits.
There are deadlines associated with appealing VA’s disability benefits decisions. You have one year from the date of the letter that VA sends you with its decision to file an appeal. If you become a client, we will handle this filing for you and get to work on preparing your appeal.
Call Chisholm Chisholm & Kilpatrick LTD for Help With Your VA Disability Appeal
We honor you for your service and we want to help you get the benefits you deserve.
Call a veterans (VA) disability lawyer serving Jacksonville, Florida from Chisholm Chisholm & Kilpatrick LTD today for a free consultation: (800) 544-9144.
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