Veterans (VA) Disability Lawyer Serving Durham, NC
Are you a veteran living in Durham, North Carolina with a disabling medical condition related to your military service? If so, you may qualify for Department of Veterans Affairs (VA) disability compensation.
If you already filed a claim but VA denied you compensation, a veterans (VA) disability lawyer serving Durham, NC at Chisholm Chisholm & Kilpatrick LTD may be able to help you appeal the decision. Our team has decades of experience assisting veterans in securing VA benefits.
Reach out to CCK today at 800-544-9144 to schedule your free consultation with a member of our team.
VA Facilities Serving Durham, North Carolina
VA Medical Center
The Durham VA Medical Center, open 24/7, provides health care for veterans throughout central and eastern North Carolina. Health services offered at the Medical Center include primary care, mental health care, gastroenterology, geriatrics, laboratory and pathology services, physical therapy, urgent care, and more.
In addition, the Durham Medical Center offers telehealth services over video call or the phone.
County VA Clinic
Eligible veterans living in Durham may also visit the Durham County VA Clinic for primary care, and for prosthetics and rehabilitation. This clinic also partners with Disabled American Veterans and county VA directors to provide transportation for veterans to attend their scheduled appointments.
VA Regional Office
The Winston-Salam Regional Office administers a variety of VA services for veterans living throughout North Carolina, including in Durham. These services include disability compensation, education programs, loan guaranty, pension, Veteran Readiness and Employment (VR&E), outreach programs, and more.
Durham veterans can schedule an in-person or virtual appointment at the Regional Office through VA’s Visitor Engagement Reporting Application (VERA).
How to Secure Disability Benefits in Durham
To apply for disability benefits in Durham, you must typically file VA Form 21-526EZ with VA. You can do so in one of four ways:
- Online – using VA’s eBenefits platform.
- By mail – print, fill out, and direct to the Department of Veterans Affairs, Claims Intake Center, PO Box 444, Janesville, WI 53547-4444.
- In person – bring completed form to the nearest VA Regional Office (e.g., the Winston-Salem Regional Office).
- With a legal representative – completing the form with the assistance of a Veterans Service Organization (VSO) or a VA-accredited attorney or agent.
After receiving your claim, VA will begin the claim review process, which includes gathering and reviewing evidence to determine if your condition is related to your military service. VA will grant you service connection for your claimed condition(s) if you have evidence of the following:
- An in-service event, injury, or illness;
- A current diagnosis of a disabling condition by a medical professional; and
- A nexus, or link, between the in-service event and current disability.
Establishing a nexus is essential to securing disability compensation from VA. A private physician can provide a nexus opinion for your claim. In the opinion, the medical professional should state whether they believe your condition is “at least as likely as not” related to your military service. VA may also schedule you for a Compensation and Pension (C&P) exam to determine if a link exists.
VA Disability Benefit Rates
Once service connection is established, VA will assign a disability rating, ranging from 0 to 100 percent, to your condition. Your combined disability rating (i.e., the combination of each of your individual ratings using VA math) determines your monthly compensation amount.
As of December 1st, 2022 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $165.92 per month
- 20 percent disability rating: $327.99 per month
- 30 percent disability rating: $508.05 per month
- 40 percent disability rating: $731.86 per month
- 50 percent disability rating: $1,041.82 per month
- 60 percent disability rating: $1,319.65 per month
- 70 percent disability rating: $1,663.06 per month
- 80 percent disability rating: $1,933.15 per month
- 90 percent disability rating: $2,172.39 per month
- 100 percent disability rating: $3,621.95 per month
Veterans with a combined disability rating of 30 percent or higher may be eligible for compensation for any qualifying dependents. Dependents can include:
- A spouse
- Children under the age of 18
- Children between the ages of 18 and 23 who are attending school
- A dependent parent
How to Appeal a VA Decision
If VA denies service connection or assigns an inaccurate disability rating, you have the option to file an appeal. There are currently three ways of appealing VA decisions:
- Higher-Level Review: Request a review of your current claim by a senior VA employee;
- Supplemental Claim: Submit new and relevant evidence as part of a Supplemental Claim; or
- Notice of Disagreement: File a Notice of Disagreement with the Board of Veterans’ Appeals.
A CCK veterans (VA) disability lawyer serving Durham, NC may be able to help you choose the best appeal lane for your individual situation.
Should I Get a Veterans (VA) Disability Attorney?
If you require assistance with your appeal, a veterans (VA) disability attorney may be a beneficial resource. They can assist you in gathering relevant evidence and arguing your case before VA, the Board of Veterans’ Appeals, and, in some cases, the Court of Appeals for Veterans Claims (CAVC).
However, it is important to note that the lawyer or agent representing you must be accredited by VA. The accreditation process exists to ensure that veterans and their family members received skilled and informed representation throughout the VA appeals process.
VA regulates who may represent claimants in VA benefits cases and how much they can be paid under 38 CFR § 14.636.
Was Your VA Claim Denied? CCK Is Here to Help
If VA denied your disability claim, an accredited veterans (VA) disability lawyer serving Durham, North Carolina at Chisholm Chisholm & Kilpatrick may be able to help you appeal the decision and secure the compensation you deserve. We offer free consultations to veterans seeking assistance with their appeal for benefits. Call CCK today at 800-544-9144 to schedule yours.
Durham Blog Posts
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- VA Health Care Eligibility, Priority Groups, & Copays
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