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Veterans (VA) Disability Lawyer Serving West Virginia

Are you a veteran living in West Virginia with a disabling condition related to your military service?  If so, you may be eligible for disability compensation from the U.S. Department of Veterans Affairs (VA).

If you were denied benefits, a Chisholm Chisholm & Kilpatrick LTD veterans (VA) disability lawyer serving West Virginia may be able to help.  CCK assists veterans in West Virginia with appeals for VA disability compensation.

For a complimentary evaluation, call CCK at 800-544-9144.

West Virginia VA Benefit Resources

There are many resources available to veterans living in West Virginia, including a Regional Benefit Office, four medical centers, several outpatient clinics, and more.

VA Regional Benefit Office

VA Medical Centers

VA Clinics

West Virginia VA Statistics

As of 2019, West Virginia has:

  • More than 141,000 veterans (over 10 percent of the state’s population);
  • More than 34,000 veterans receiving VA disability benefits; and
  • More than 70,000 veterans enrolled in VA’s health care system, and almost 55,000 have sought treatment at a VA facility.

How to Get VA Disability Benefits in West Virginia

A successful claim for VA disability compensation must demonstrate three things:

  • A current disability diagnosed by a medical profesisonal;
  • An event, injury, or illness that occurred during military service; and
  • A link, or “nexus”, between the current diagnosis and the in-service event, illness, or injury.

A Current, Diagnosed Disability

To prove service connection, you must have a diagnosis from a healthcare professional of a current, disabling condition.

Unlike the Social Security Administration’s SSDI benefits, VA does not require you to be totally disabled.  You can receive VA disability benefits for a partial disability.

An In-Service Event, Injury, or Illness

Next, you must show that an event, injury, or illness occurred during your military service that caused or led to the development of your condition(s).  A few examples of possible in-service events are a combat mission, a training exercise, or exposure to toxic chemicals.

A Nexus Connecting the Disability to Your Service

Once you provide evidence of your current disability and the in-service event, you must offer a nexus opinion from a qualified medical professional.

A nexus is the connection between your current condition and the in-service event or injury.  A medical professional must establish a nexus by stating it is “at least as likely as not” that your current condition is due to your time in the service.

What Benefits Does a 100% Disabled Veteran Get in West Virginia?

Your monthly VA disability compensation is based on the severity of your service-connected condition (or conditions).  Using criteria laid out in VA’s Schedule for Rating Disabilities, VA will assign your condition a rating ranging from 0 to 100 percent.  This percentage is your disability rating.

Your combined disability rating will determine the amount of monthly compensation you receive.

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

In addition to the monthly benefit amount listed above, veterans with a 100 percent disability rating may qualify for other VA benefits.  These include enrollment in VA’s Health Care Priority Group 1, emergency care outside of VA, access to the Dependents Educational Assistance program, and more.

Veterans with qualifying dependents and a disability rating of 30 percent or higher  may be entitled to additional compensation.  Eligible dependents include minor children or children between 18 and 23 who are still in school, a spouse, or dependent parents.

Should I Get a Veterans (VA) Disability Lawyer?

If you filed a claim but VA denied you benefits, you have the option to file an appeal.  A CCK veterans (VA) disability lawyer serving West Virginia may be able to help you with this process.

If you are worried about hiring a veterans attorney because of the cost, keep in mind that the team at CCK works on a contingency basis.  That means we do not get compensated unless you do.

VA regulates who can represent a veteran and how much they can charge under 38 CFR § 14.636.  Veterans (VA) attorneys are only allowed to charge fees based on recovered retroactive benefits—they cannot take a percentage of future benefits.  According to VA, fees equal to or below 20 percent are reasonable and anything above 33.3 percent is unreasonable.

How CCK Can Help

If VA denied your claim, a Chisholm Chisholm & Kilpatrick LTD veterans (VA) disability lawyer serving West Virginia may be able to help you pursue the disability compensation you deserve.

Call 800-544-9144 today for a free case evaluation.