California Veteran Disability Appeals Lawyers
Our team of tenacious veterans disability attorneys has overturned countless VA denials for clients in California. We offer free case evaluations where we can assess the strength of your claim and make recommendations about how to proceed.
Free Case Review
VA Denials Are Not the End of the Road For California Veterans Seeking Benefits
Receiving a denial from the VA can be a frustrating experience when you are counting on disability benefits to make ends meet or secure your family’s future. At VetLaw, we specialize in providing veterans with legal insight to successfully maneuver through the VA disability claims process.
As VA-accredited veterans disability attorneys, we operate using reliable tactics. Additionally, we possess a thorough understanding of the appeals process. Our team at VetLaw will take into account the nuances of your case to ensure that we are guiding you down the right path towards the best outcome.
You are also welcome to check out reviews from our clients to get insight into our methods, communication style, and level of expertise. VetLaw is proud to represent California veterans when they decide to seek VA disability benefits.
We believe that the appeals process should be a tool for recourse, not a source of discouragement for service members in search of support. Now is not the point to give up; it is the time to call in experienced reinforcements.
You can reach us by calling (855) 434-2492 or filling out our online contact form.
Qualifying for Disability Benefits as a California Veteran
The VA has established certain requirements for former military service members to be able to claim veterans disability benefits. A VA-accredited disability benefits attorney can help you build a case using medical information, service records, statements from fellow service members, and other evidence.
The foundation of any valid veterans disability benefits claim is based on fulfilling the following conditions.
1. Meet the Standards to Be Considered a Veteran
Disability benefits are restricted to individuals who have completed the requisite term of service and exhibited good conduct during their service. Typically, this means you need to have been on active duty for 2 continuous years.
Additionally, your discharge must have been other-than-Dishonorable. Other limitations or exceptions may apply, which can complicate your case for VA disability benefits.
2. Prove You Have an Illness or Injury
You need a formal medical diagnosis to claim veterans disability benefits, which the VA may verify with a C&P exam. Both mental and physical conditions can qualify as disabilities. Additionally, this disability must have some measurable impact on your life so it warrants a disability rating.
3. Connect Your Disability to Your Military Service
The VA maintains a record of presumptive service connected conditions, but it is not an exhaustive list of all of the possible injuries or illnesses that can be related to military service.
California vets need to show that their disability was aggravated or caused by serving in the armed forces to be eligible for disability benefits. For Secondary Conditions, the disability needs to be a product of the original service-related condition.
The VA May Deny Your Claim Based On a Range of Issues
Although the terms may seem straightforward, denials are common. The VA may deny a disability benefits claim for a relatively minor reason. For example, you may be denied for forgetting a signature. Alternatively, the VA may have a substantial reason, like lack of service-connection.
In rare cases, the VA makes a glaring error when denying a claim, such as overlooking a key piece of evidence or failing to apply a regulation to your case. The grounds for the denial will be stipulated in a VA denial letter.
After you have received a denial from the VA, it’s typically a good idea to have an experienced attorney look over your case. The reason for denial may be shrouded in technical VA benefits terminology, so it is often helpful to have a VA-accredited disability claims lawyer interpret the decision letter and explain its implications.
From there, a California veterans disability appeals attorney can gather evidence to rectify the issues with your claim. After that, they will work to demonstrate your right to access disability benefits.
Options for California Veterans Appealing a VA Denial
California veterans should not take a denial from the VA as the final word on whether they are eligible for disability benefits without consulting a VA-accredited veterans disability appeals attorney first. Additionally, you can appeal VA decisions that factor into your disability benefits, such as your disability rating.
California veterans appealing a VA denial under the Legacy appeals system and those filing under the Appeal Reform have different options available to them. After receiving a VA denial, Legacy candidates have a year to submit a Notice of Disagreement (NOD) to indicate that you intend to file an appeal to the VA’s decision.
California veterans disability appeals lawyers can help decipher the VA’s reasoning for rejection and then select the best appeal path. Additionally, they can help you prepare to appeal the VA’s decision. Then, you can collaborate to craft a strong case for securing the disability benefits you deserve.
Resources for California Veterans
According to Census data, over 1.8 million veterans live in California. Therefore, California is the state with the largest veteran population in the U.S. In order to serve these veterans, there are numerous resources available.
The California Department of Veterans Affairs provides an informative review of the state and federal benefits California veterans can access. We also offer convenient access to legal support services located across California.
- California Department of Veterans Affairs
- Sacramento Veteran Disability Appeals
- Orange County Veteran Disability Appeals
- San Bernardino Veteran Disability Appeals Lawyer
- San Diego Veteran Disability Appeals Lawyer
- Riverside Veteran Disability Appeals Lawyer
- Los Angeles Veteran Disability Appeals Lawyer
California veterans can also reach out to one of the three regional benefits offices in California. Then, they can discuss the types, terms, and requirements of their VA benefits.
There are seven VA healthcare systems located throughout California:
VA DISABILITY BENEFITS CLAIM TYPES
INDIVIDUAL UNEMPLOYABILITY BENEFITS
- Individual Unemployability Appeals
- Individual Unemployability Back Pay Claims
- Individual Unemployability Denials
- Permanent and Total Disability Claims
- Total Disability Individual Unemployability
CHEMICAL & TOXIC EXPOSURE CLAIMS
Contact Our Capable California Veterans Disability Claims Attorneys Today
For many California veterans, receiving a denial letter from the VA is a massive obstacle to covering the costs of medical treatment, pursuing higher education, supplementing reduced income, securing housing, and much more.
At VetLaw, our team regularly fights VA denials on behalf of California veterans with compelling, effective appeals that secure the disability benefits our clients need. If you are a California veteran looking to appeal a denied veterans disability claim, then VetLaw will gladly go above and beyond for you.
We want to help you access the benefits you have earned through your military service. Schedule a free consultation with a skilled VetLaw veterans disability claims denial attorney today. Just call us at (855) 434-2492 or fill out our online contact form.
MOST COMMON PHYSICAL DISABILITIES
- Arthritis
- Arm & Shoulder Injuries
- Asthma
- Back Arthritis
- Back Pain
- Bronchitis
- Cancer
- Chronic Fatigue Syndrome
- Chronic Pain (Somatic Symptom Disorder)
- COPD
- Degenerative Disc Disease
- Diabetes
- Erectile Dysfunction
- Fibromyalgia
- Gastroesophageal Reflex Disease (GERD)
- Head Injury
- Heart Disease
- Hypertension
- Insomnia
- Irritable Bowel Syndrome (IBS)
- Joint Disorder
- Knee Pain & Injuries
- Lumbosacral Strain
- Migraine Headaches
- Military Sexual Trauma (MST)
- Neck Arthritis
- Neck Pain
- Non-Battle Injury
- Pes Planus (Flat Feet)
- Plantar Fasciitis
- Prostate Cancer
- Radiculopathy
- Rheumatoid Arthritis
- Scars
- Sciatica
- Sleep Apnea
- Spinal Fusion
- Spine Disorder
- Thyroid Disorder
- Traumatic Brain Injuries
- Tinnitus & Hearing Loss
- Varicose Veins
MOST COMMON MENTAL HEALTH DISABILITIES
The amount of time it takes to receive a decision on an appeal depends on which route you choose. Simple cases may be resolved sooner, but a Legacy appeal can average 9 to 18 months, and cases filed under the Appeals Reform don’t have estimated wait times yet because the process is so new. If you are seeking a hearing, be prepared for that process to take years before a decision is rendered.
Yes, and don’t be surprised if you have to in order to obtain the benefits you deserve. With Secondary Conditions, the connection to military service is by definition more tenuous, which increases the likelihood that the VA will deny the claim.
You’ll need strong medical evidence to refute the decision, as well as the support of a veterans disability claims attorney who understands what the VA is looking for in an appeal.
California veterans disability claims lawyers understand what is required to make a convincing appeal, the pros and cons of each appeals route, and how to obtain the evidence necessary to reverse the decision. Additionally, they have the time and resources to take up a case against an institution like the VA.
If the VA approves a veteran’s claim, then they are entitled to retroactive disability compensation, or back pay benefits, that accumulated while the VA was processing their appeal. In theory, a veteran becomes eligible for these benefits beginning on the effective date of their claim.
However, their release is contingent upon the VA agreeing that the vet’s condition warrants disability compensation. Back pay benefits are also the source of your attorney’s legal fees. Generally, a California veteran disability appeals lawyer recovers 20% to 30% of the back pay benefits that they secure for their client.
This system allows veterans in need of professional legal support to avoid paying out-of-pocket for these services. It also keeps VA disability attorneys motivated to work for their share of the veterans’ back pay benefits.
To receive any disability rating from the VA, the VA must first be convinced that your medical condition resulted from or was aggravated by your active duty military service. Think of this as securing the % sign.
Once you have established that, then the VA uses a rubric to evaluate the severity of your symptoms. This is how you obtain the number in front of the percent sign. A 0% rating means that your symptoms present a relatively minor obstacle to your ability to work and maintain a fulfilling life.
Therefore, the VA does not consider your condition severe enough to provide financial support.
As disappointing as it is to be told your service-connected disability deserves a 0% rating, that does not mean that you are out of options or that your condition will never be compensable.
In the meantime, keep up with your treatments and see a medical provider as soon as possible if your symptoms become more frequent or intense. A California veteran disability appeals attorney can help you pursue a rating increase if you believe that the VA’s 0% disability rating was unjust or outdated.
As a part of the claims process, the VA will automatically obtain a copy of your military service records, including your discharge paperwork. You can also submit this information yourself if you have it on hand. Even if you don’t submit your own service record, it’s still a good idea to have a personal copy.
That way, you and your attorney can understand what information the VA is operating off of to decide your claim. Military service records are essential because they provide a credible source of your experiences and medical treatment history during your time on active duty.
Frequently Asked Questions
How long does a California VA disability claim appeal take?
The amount of time it takes to receive a decision on an appeal depends on which route you choose. Simple cases may be resolved sooner, but a Legacy appeal can average 9 to 18 months, and cases filed under the Appeals Reform don’t have estimated wait times yet because the process is so new. If you are seeking a hearing, be prepared for that process to take years before a decision is rendered.
Can I appeal a VA decision for a Secondary Condition?
Yes, and don’t be surprised if you have to in order to obtain the benefits you deserve. With Secondary Conditions, the connection to military service is by definition more tenuous, which increases the likelihood that the VA will deny the claim.
You’ll need strong medical evidence to refute the decision, as well as the support of a veterans disability claims attorney who understands what the VA is looking for in an appeal.
Why should I hire a California veterans disability attorney to help me file an appeal with the VA?
California veterans disability claims lawyers understand what is required to make a convincing appeal, the pros and cons of each appeals route, and how to obtain the evidence necessary to reverse the decision. Additionally, they have the time and resources to take up a case against an institution like the VA.
What are back pay benefits for VA disability claims?
If the VA approves a veteran’s claim, then they are entitled to retroactive disability compensation, or back pay benefits, that accumulated while the VA was processing their appeal. In theory, a veteran becomes eligible for these benefits beginning on the effective date of their claim.
However, their release is contingent upon the VA agreeing that the vet’s condition warrants disability compensation. Back pay benefits are also the source of your attorney’s legal fees. Generally, a California veteran disability appeals lawyer recovers 20% to 30% of the back pay benefits that they secure for their client.
This system allows veterans in need of professional legal support to avoid paying out-of-pocket for these services. It also keeps VA disability attorneys motivated to work for their share of the veterans’ back pay benefits.
Why did the VA give me a 0% rating for my disability?
To receive any disability rating from the VA, the VA must first be convinced that your medical condition resulted from or was aggravated by your active duty military service. Think of this as securing the % sign.
Once you have established that, then the VA uses a rubric to evaluate the severity of your symptoms. This is how you obtain the number in front of the percent sign. A 0% rating means that your symptoms present a relatively minor obstacle to your ability to work and maintain a fulfilling life.
Therefore, the VA does not consider your condition severe enough to provide financial support.
As disappointing as it is to be told your service-connected disability deserves a 0% rating, that does not mean that you are out of options or that your condition will never be compensable.
In the meantime, keep up with your treatments and see a medical provider as soon as possible if your symptoms become more frequent or intense. A California veteran disability appeals attorney can help you pursue a rating increase if you believe that the VA’s 0% disability rating was unjust or outdated.
Do I need to submit my military service records to the VA to claim disability compensation?
As a part of the claims process, the VA will automatically obtain a copy of your military service records, including your discharge paperwork. You can also submit this information yourself if you have it on hand. Even if you don’t submit your own service record, it’s still a good idea to have a personal copy.
That way, you and your attorney can understand what information the VA is operating off of to decide your claim. Military service records are essential because they provide a credible source of your experiences and medical treatment history during your time on active duty.
