Disabled veterans are often entitled to veterans disability benefits if their medical condition(s) is due to their military service. Unfortunately, proving you meet the criteria to obtain these benefits is difficult, and many veterans receive denials. You can appeal the denial, but the process is complex and can be frustrating. However, you do not need to handle this process alone. A veterans disability lawyer serving Virginia can help you navigate the appeals process.
At Chisholm Chisholm & Kilpatrick LTD, our team of veterans advocates focuses on VA disability law, and our aim is to help veterans like you receive grants of the benefits you deserve. For a free consultation with a member of our team, call us today at 800-544-9144.
Virginia VA Benefit Resources
Virginia VA Regional Benefit Office
Roanoke: Roanoke Regional Benefit Office
Virginia VA Medical Centers
|Hampton Hampton VA Medical Center|
|Richmond Hunter Holmes McGuire VA Medical Center|
|Salem Salem VA Medical Center|
Virginia VA Statistics
As of 2016, Virginia has:
- Nearly 730,000 residents who are military veterans (over 11 percent of the state’s adult population)
- More than 181,000 state residents receiving VA disability benefits
- Over 268,000 veterans currently enrolled in the VA health care system (nearly 156,000 of these veterans have sought treatment at a VA medical center)
Of Virginia’s veteran population, almost 64 percent are younger than 65. Over 21 percent are military retirees (they completed enough military service to reach full retirement).
How to Win a VA Benefits Appeal in Virginia
To win disability benefits in Virginia, we must provide evidence of the following:
- A medical diagnosis of a disabling condition;
- An event, injury, or illness that occurred during your military service;
- A link, or nexus, between your condition and the in-service event, injury, or illness.
Claims that do not prove these criteria receive denials. In most cases, the claimants encounter an issue establishing that their condition resulted from an in-service event, illness, or injury.
Establishing service connection can be more straightforward for certain injuries or illnesses. In some cases, the VA presumes service connection, meaning it must presume that your medical condition is due to service and you do not need to provide a medical nexus. For example, if you served in the Korean demilitarized zone (DMZ) between April 1, 1968 and August 31, 1971 and suffer from a condition recognized as being due to Agent Orange exposure, such as leukemia, type 2 diabetes mellitus, or Parkinson’s disease, the VA will grant service connection.
If the VA does not presume service connection, we must work to establish it. Evidence we will use to prove service connection might include medical records, military records, or lay evidence.
VA Disability Compensation Levels
The amount of your monthly compensation can vary from a few hundred to a few thousand dollars. It depends on how severe the VA believes your condition is. As your attorneys, we work to reveal the full extent of your condition and its effects on your functional capacity; our goal is to ensure you receive the highest amount of compensation warranted for your condition.
The VA determines your monthly compensation based on your combined disability rating, a number that can range from 0 to 100 percent. At a 0 percent rating, you do not receive monthly compensation but might be eligible for certain other benefits such as health care. A combined 100 percent rating signifies total disability and qualifies you for the maximum schedular amount of monthly compensation.
As of December 31, 2017, the VA’s disability compensation schedule is:
- 10 percent disability rating: $136.24 per month
- 20 percent disability rating: $269.30 per month
- 30 percent disability rating: $417.15 per month
- 40 percent disability rating: $600.90 per month
- 50 percent disability rating: $855.41 per month
- 60 percent disability rating: $1,083.52 per month
- 70 percent disability rating: $1,365.48 per month
- 80 percent disability rating: $1,587.25 per month
- 90 percent disability rating: $1,783.68 per month
- 100 percent disability rating: $2,973.86 per month
A 30 percent or higher rating qualifies you for additional compensation to help with supporting dependents in your household (e.g., your spouse, children, or dependent parents). For example:
- A veteran with a 40 percent disability rating and a spouse would receive $666.90.
- A veteran with a 40 percent disability rating, a spouse, and one child would receive $714.90.
- A veteran with a 40 percent disability, one child, and two dependent parents would receive $750.90.
Call 800-544-9144 Today to Discuss Your Case for Free
At Chisholm Chisholm & Kilpatrick LTD, our VA disability team is proud to help those who have served our country. To discuss your situation with us, completely free and with no obligation, call 800-544-9144 today.
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