Veteran (VA) Disability Lawyer Serving Columbia, Maryland
Thousands of veterans file claims for disability benefits each year through the United States Department of Veterans Affairs (VA). However, to receive a grant of benefits, you generally must show three things:
- 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.
Too many claims receive a denial, but Chisholm Chisholm & Kilpatrick LTD may be able to help. Contact our veteran (VA) disability team serving Columbia, Maryland at (401) 237-6412 for a free consultation.
Combined Disability Ratings
Veterans may qualify for disability benefits so long as their condition(s) satisfy the criteria outlined above and they were not dishonorably discharged from any branch of the U.S. Armed Forces.
Combined disability ratings determine the amount of compensation that a veteran is eligible to receive. These are tax-free payments, and the combined disability ratings are assigned in percentages = between 0 and 100, in increments of 10. Physical and mental conditions that have a combined disability rating of at least 10 percent qualify for benefits.
The VA employee who determines your combined disability rating may combine multiple injuries or medical conditions. If a veteran has dependents, they may receive additional compensation if their combined disability rating for their service-connected condition(s) is 30 percent or higher. Evidence submitted with a veteran’s claim for disability benefits, including evidence that VA acquires from medical service and treatment providers and military records, if available, is used to determine this percentage.
VA arrives at a combined disability rating, which determines the veterans disability compensation rate, by using a percentage-based formula. Starting with the most severe injury or illness rating, VA factors in each additional disability.
Call Chisholm Chisholm & Kilpatrick LTD at (401) 237-6412 if you wish to appeal a denial of VA disability benefits or want to contest the combined disability rating you received. We will review your case for free to see if we may be able to help you.
Why VA Denies Claims
When VA denies a claim, it is often due to one of the following reasons:
Lack of a Medical Diagnosis
If a veteran’s treatment records do not clearly show that they have a medical condition, VA may deny the claim. However, it is important to note that treatment records during your time in service are not the only source of evidence of a health condition. If you can prove that you currently have a certain condition using either VA records or records from a private treatment facility, this may suffice as proof.
Depending on when you received the denial for VA disability benefits, you may be able to use VA’s Supplemental Claim option to appeal this denial with new and relevant evidence.
Lack of Provable Nexus
You must be able to establish a link between an in-service event and the medical condition for which you are applying for disability benefits. Probative evidence may sometimes convince a decision-maker of the link between an in-service event and your injuries. A letter from your treating healthcare provider or results of a VA exam could potentially serve as the nexus between your in-service event and your current disabling condition.
Lack of Evidence for a Current Condition
VA disability benefits are for veterans who suffer from a qualifying health condition. If you do not have a current condition or symptoms of one, you may receive a denial of your claim. You may also have to prove the severity of your condition if you received a lower than anticipated disability.
We May Be Able to Assist You Through the Appeals Process
Chisholm Chisholm & Kilpatrick LTD may be able to help you with your initial VA claim or appeal. Contact our veteran (VA) disability team serving Columbia, Maryland at (401) 237-6412 for a complimentary evaluation of your case.
Columbia Blog Posts
- What VA Benefits Are Available to Former Prisoners of War (POWs)?
What is a Prisoner of War (POW)? Veterans who were forcibly captured or interned by an enemy government, its agents, or a hostile force while in the line of duty during active military service are considered prisoners of war (POW). Veterans forcibly detained or interned by a foreign government, its agents, or a hostile force […]
- VA Disability Benefits for Gynecological Conditions
What Are Gynecological Conditions? A gynecological condition is one that affects the female reproductive organs: the breasts and organs in the abdominal and pelvic area including the uterus, ovaries, fallopian tubes, vagina, and vulva. Many women experience gynecological problems in their lifetime, and some can be quite serious. The following are some common gynecological conditions: […]
- VA Vocational Rehabilitation
Vocational Rehabilitation and Employment (VR&E) is a VA program for disabled veterans who have an employment handicap or barrier. Vocational Rehabilitation is meant to train and assist disabled veterans in finding employment opportunities. What Do I Need to Apply? To be eligible for VA Vocational Rehabilitation and Employment, veterans need to have received a discharge […]