Veteran (VA) Disability Lawyer Serving South Dakota
Are you a South Dakota resident who served on active duty in the U.S. Army, Navy, Air Force, Marines, or Coast Guard? Do you currently suffer from a medical condition that stems from an injury, illness, or event in your military service? If so, you might be eligible to receive disability benefits from the U.S. Department of Veterans Affairs (VA).
However, as many veterans come to discover, the application process is not simple or cut and dry. Sometimes, veterans with valid disabilities receive denials because the VA does not believe their application is strong enough. A veterans (VA) disability lawyer serving South Dakota at Chisholm Chisholm & Kilpatrick LTD can help you put together a thorough, compelling appeal to prove you deserve benefits.
To learn more, call 800-544-9144 for a free consultation.
South Dakota VA Benefit Resources
South Dakota’s only regional benefit office and medical center are located in Sioux Falls.
South Dakota VA Regional Benefit Office
South Dakota VA Medical Center
South Dakota VA Statistics
As of 2016, South Dakota has:
- Nearly 66,000 residents who are veterans (10 percent of the state’s adult population)
- Nearly 16,000 veterans receiving disability compensation
- Over 39,000 veterans currently enrolled in the VA health care system (nearly 30,000 of these have sought treatment at a VA medical center)
Over 44 percent of the veterans living in South Dakota are 65 years or older; 12.5 percent of veterans are military retirees.
How to File a Convincing Appeal to Win the Benefits You Deserve
To receive a grant of VA disability benefits, we must prove that your military service led to a disabling medical condition. For your appeal to be successful, we must establish:
- A valid medical diagnosis of a disabling condition;
- A specific event, injury, or illness that occurred during active duty military service; and
- A link between your current diagnosis and a specific event, illness, or injury in your military service.
The third component is known as a medical “nexus.” The nexus is what connects your current diagnosis to a specific injury, illness, or event that occurred during your military service. The VA only grants benefits if it believes that you became disabled as a result of an event, injury, or illness you suffered while serving in the military.
In some cases, such as those involving prisoners of war or exposure to Agent Orange in Vietnam, the VA presumes service connection. This means that we do not need to establish a nexus between your service and your injury.
In cases where a presumption of service connection does not apply, we can argue service connection by using your medical records and service history as evidence. For instance, say you suffer from debilitating post-traumatic stress disorder (PTSD). We must direct the VA to the specific traumatic event that caused your PTSD.
VA Disability Compensation Levels
Our VA disability legal team also seeks to ensure that you receive the highest level of compensation to which you are entitled. Obtaining the highest monthly benefit means you must receive the highest possible combined disability rating.
This disability rating, assigned by the VA, ranges from 0 to 100 percent, in increments of 10. The higher this rating, the more you will receive in disability compensation. With a rating of 0 percent, you will receive no compensation, but might be eligible for free health care and other benefits. A rating of 100 percent entitles you to the highest monthly benefit.
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
You can also receive additional compensation on behalf of dependents in your household if you received a 30 percent disability rating or higher. Eligible dependents include your spouse, kids, and dependent parents.
Ready to Get Started? We Are Ready to Help! Call 800-544-9144 Today.
You deserve to be taken care of for the sacrifices you made for our country, and we want to help. The VA disability lawyers at Chisholm Chisholm & Kilpatrick LTD help veterans in South Dakota get the benefits they deserve. To discuss your case with a CCK team member for free, call 800-544-9144 today.
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