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Veterans (VA) Disability Lawyer Serving Miami, Florida

If you are a veteran living in Miami, Florida, and require assistance with appealing your VA benefits decision, Chisholm Chisholm & Kilpatrick LTD (CCK) is prepared to help.  We understand the complexities of the VA system and the importance of receiving the benefits you rightfully deserve.  Our firm is committed to providing veterans with the legal support necessary to navigate through the appeals process.

At CCK, we prioritize clear communication and effective strategies tailored to each veteran’s case.  With a deep knowledge of veterans’ law and a steadfast commitment to our clients, we stand ready to assist Miami veterans in challenging VA decisions.  Our team offers comprehensive services designed to address the specific needs of your appeal, ensuring that your case is handled with the diligence and expertise it warrants.

Call us today at (800) 544-9144 for a free case evaluation.

VA Regional Offices Near Miami, FL

  • Miami Regional Benefit Office
    • Address: 9500 Bay Pines Blvd., St. Petersburg, FL 33708
  • St. Petersburg Regional Office (Serves the Miami area)
    • Address: 9500 Bay Pines Blvd., St. Petersburg, FL 33744

VA Medical Facilities for Those Living in Miami

Securing VA Disability Benefits

A veteran living in Miami, Florida, seeking VA disability benefits must provide sufficient evidence to establish a service connection for their disability.  This involves a formal claim process where the veteran needs to file with the Department of Veterans Affairs, describing the disability and its connection to military service.

The success of a claim hinges on three critical elements of service connection, each of which must be convincingly demonstrated:

  • Current diagnosed disability: There must be a clear and current medical diagnosis of the disability, which is typically documented by medical professionals.
  • In-service event, injury, or illness: Evidence must be presented to show that an event, injury, or illness occurred during the veteran’s military service.  This proof often comes from service records, medical logs, or personal statements.
  • Nexus between the in-service event and current disability: A medical nexus must link the current disability to the incident that occurred during service.  This connection is usually established through medical evidence, asserting that the military service incident is “at least as likely as not” to have caused the disability.

After filing the claim, the veteran may be requested to undergo a Compensation & Pension (C&P) examination, which helps the VA assess the severity and service connection of the disability.  Attendance is essential because if you do not attend, VA could deny your claim.

Following a comprehensive evaluation of the submitted evidence and examination results, the VA will issue a decision on the claim. If the decision is unfavorable, or if the veteran believes it does not accurately reflect their situation, they have the option to appeal.

Types of Evidence to Support a Claim for VA Disability Compensation Benefits

To establish a successful claim for VA disability compensation, the evidence presented must be both pertinent and compelling.  Veterans should collect and submit documentation that substantiates their claim, reflecting the nature and extent of their disability as well as its connection to their military service.  Relevant types of evidence include:

  • Service Medical Records: Documentation of any medical treatment received during military service, particularly for the claimed condition.
  • VA Medical Records: Records of treatment at VA medical facilities post-service for ongoing health issues related to service.
  • Private Medical Records: Documentation from private healthcare providers that relates to the diagnosis and treatment of the claimed condition.
  • Lay Statements: Written accounts from the veteran or eyewitnesses that provide details about the veteran’s injury or illness and its impact on their daily life.
  • Service Personnel Records: Documentation that confirms places, types of service, and circumstances that might have contributed to the condition.

Collectively, these pieces of evidence work to paint a comprehensive picture of the veteran’s health and its relation to their service, increasing the likelihood of a successful disability compensation claim.

4 Ways to File a VA Claim in Miami, FL

A veteran can file a VA claim for disability compensation through any of the following four methods:

  • Online: Through the VA’s eBenefits portal or the VA.gov website, where they can submit their claim electronically.
  • Mail: By sending the required forms to the appropriate VA claims intake center.
  • In Person: By visiting a VA regional office near Miami and submitting their claim with the help of VA personnel.
  • With a Representative: By working with a VA-accredited attorney, claims agent, or Veterans Service Organization (VSO) to file on their behalf.

Filing a claim online is often the best method for several reasons.  It’s the fastest way to get your claim into the VA system, as online submissions are immediate.  The online platforms also provide prompts and guidance to ensure that you include all necessary information, reducing the likelihood of errors or incomplete forms.

Additionally, veterans can easily upload and attach digital copies of supporting documents, track the status of their claims in real time, and receive timely updates directly from VA.  This expedites the overall process and helps in establishing a more streamlined communication channel with VA.

Current VA Disability Pay Rates

VA disability ratings are assigned to veterans based on the severity of their service-connected condition, with percentages ranging from 0 percent to 100 percent in increments of 10 percent.   This rating determines the amount of compensation a veteran will receive.

When a veteran has multiple disabilities, VA uses a special method to calculate the combined rating.  Instead of simply adding the individual percentages, VA uses a “Combined Ratings Table” to account for the cumulative effect of multiple injuries.  You can calculate your potential VA disability rating using our VA disability calculator.

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

Common Medical Conditions Covered by VA Disability

Before a veteran reaches out to a VA disability lawyer or submits their initial claim for VA disability benefits, it’s crucial to have an understanding of what types of medical conditions might qualify.

VA disability benefits are designed to compensate veterans for injuries or diseases that occurred or were aggravated during active military service.  These conditions can range widely, from physical injuries to mental health disorders.

Some of the medical conditions that could qualify for VA disability benefits include:

If a veteran is suffering from any of these conditions, or others, as a result of their service, they may be entitled to disability compensation. It is essential to have any such conditions medically documented before filing a claim.  This preemptive step can be critical in establishing a strong foundation for their disability claim.

You Have Options for Challenging a VA Disability Denial in Miami, Florida

After receiving a denial of VA benefits, a veteran has one year from the date on their decision letter to file an appeal.  This period is critical, and timely action is required to preserve your effective date.

For claims and decisions that occurred after February 19, 2019, the review process is governed by VA’s modernized appeal system, known as the Appeals Modernization Act (AMA).  Under this system, veterans have three options to contest a VA decision.

The three options available to a veteran for appeal under the AMA include:

  • Requesting a Higher-Level Review: A veteran can ask for a new review of the original decision by a more senior claims adjudicator within VA.
  • Filing a Supplemental Claim: If new and relevant evidence is available, a veteran can submit it along with a supplemental claim for the VA to consider.
  • Filing an Appeal Directly to the Board of Veterans’ Appeals: A veteran has the right to appeal directly to the Board in Washington, D.C., and can choose one of three dockets: direct review, evidence submission, or a hearing request.

Each of these pathways offers a different approach depending on the specifics of the veteran’s claim and the type of additional information available.  Veterans should carefully consider which option aligns best with their situation.

Our Process for VA Appeals

At CCK, our process for handling VA appeals is designed to provide veterans with comprehensive support in obtaining the VA disability benefits to which they are entitled.  Once we take on a veteran’s appeal, we begin with an in-depth review of their case to understand the reasons behind the denial of benefits.  Our team then crafts a tailored strategy aimed at addressing the specific issues identified.

We understand that every detail counts, and we are committed to guiding our clients through each step of the complex VA appeals process, ensuring that their case is presented as effectively as possible.

Here’s some of the ways we assist our clients at CCK:

  • Obtaining copies of medical, service, and personnel records: We gather all relevant documentation that can support the appeal.
  • Securing testimony from subject matter experts: We engage with experts who can provide authoritative opinions to strengthen the appeal.
  • Obtaining statements or testimonies from fellow service members: We help in acquiring corroborative statements that can substantiate the veteran’s claim.
  • Reviewing a veteran’s original claim for errors and omissions: Our detailed analysis ensures that any mistakes in the original submission are corrected in the appeal.

At CCK, we leave no stone unturned in advocating for veterans and their rights to VA disability benefits.  Our goal is to navigate the appeals process with precision and care, maximizing the potential for a favorable outcome.

Call Chisholm Chisholm & Kilpatrick LTD Today

Consulting with a VA disability lawyer can be pivotal for a veteran seeking to appeal for VA compensation benefits.  An experienced attorney brings knowledge of VA law and the intricacies of the appeals process, providing critical guidance that can enhance the chances of a successful outcome.

A veterans disability lawyer serving Miami, Florida from CCK may be able to help you with your VA disability appeal.  Our experienced team of VA-accredited attorneys and advocates are ready to assist you and help you get the benefits you deserve.  Call us today at (800) 544-9144 for a free case evaluation with a member of our team.

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