California Veterans Disability Lawyers

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Attention California Veterans!

If you’re a California veteran dealing with a VA disability claim denial or a low rating, you’re not alone. The process can feel like a maze.

But here’s the good news: ProVet Legal is here to be your guide, your advocate, and your secret weapon in winning the benefits you deserve.

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Top Reasons for VA Claim Denials in California

The VA denies claims for countless reasons, but some of the most common include:

• Insufficient medical evidence
• Missing or incomplete documentation
• Failure to connect your condition to your service
• Missed deadlines in the VA’s timeline

Sound familiar? You’re not alone. Many veterans face these hurdles, but with the right strategy, they can be overcome.

The VA Disability Appeals and Denials Process

The VA has overhauled its appeals system with the Appeals Modernization Act (AMA), but that doesn’t mean it’s any less of a maze. You now have three options if the VA denies your claim or lowballs your disability condition rating:

The Decision Review Process Under the AMA

Option 1: Supplemental Claim

If you have new and relevant evidence that wasn’t included in your original claim, filing a supplemental claim is your best bet. This option allows you to submit additional documentation to support your case. The VA has to assist you in gathering evidence for this type of claim, but having an attorney on your side can help you submit the most compelling evidence possible.

Option 2: Higher-Level Review

Think the VA made a mistake in evaluating your claim? The higher-level review option allows a senior VA reviewer to take a fresh look at your case. You can’t submit new evidence with this option, but you can request an informal conference with the reviewer to point out errors or oversights in the original decision. Our attorneys can help prepare you for this conference and ensure you make the strongest case possible.

Option 3: Board Appeal

For veterans who want to take their case straight to the Board of Veterans’ Appeals, this option provides three different dockets:

1. Direct Review: The board examines your case based on existing evidence, with no new submissions or hearings.
2. Evidence Submission: You have 90 days to submit new evidence for the board to consider.
3. Hearing: You can request a hearing before a Veterans Law Judge, either virtually or in person.

Each option has its own strategy and timeline. Choosing the right path can mean the difference between victory and another frustrating denial. That’s where we come in.

Choosing Another Option

If you’re not happy with the results of one option, you’re not out of luck. You can still pursue others. For instance, after a Higher-Level Review, you can still submit a Supplemental Claim or appeal to the Board. We’ll help you understand these options to keep your claim moving forward.

Timeline and Wait Times

Each appeal option has its own timeline:

• Supplemental Claims and Higher-Level Reviews aim for decisions within 4-5 months.
• Board Appeals can take longer, often a year or more, depending on the docket chosen.

Timely action is crucial in the appeals process. Missed deadlines can derail your claim, which is why having a VA disability lawyer can make all the difference.

The VA Disability Rating System

Disabilities are rated from 10% to 100% based on their severity and impact on your ability to work and perform daily activities. But do you know what these numbers really mean for you?

Here’s a quick rundown:

• 10% – 20%: You’re on the radar, but benefits are limited.
• 30% – 60%: Now we’re talking. Significant monthly compensation and additional benefits kick in.
• 70% – 90%: Serious disabilities with substantial support.
• 100%: Maximum schedular rating with the most comprehensive benefits package.

These percentages translate into monthly compensation rates. But it’s not just about your disability rating – the number of dependents you have can bump up your benefits, too.

So, if you have a full house, you might see a bigger check. These rates can also increase year over year with inflation.

Combined Ratings

If you have multiple service-connected disabilities, the VA uses a combined rating table to calculate your overall disability percentage. This isn’t a straight addition – a 30% and a 20% rating doesn’t equal 50%, for example.

Our team can help you understand how your disabilities combine and potentially identify opportunities to increase your overall rating.

Permanent & Total Disability

A 100% disability rating doesn’t automatically mean your disability is considered permanent and total (P&T). P&T status provides additional benefits and protections, including:

• No future VA examinations
• Educational benefits for dependents
• Certain state and local benefits

We can help you determine if you qualify for P&T status and assist in securing this important designation.

Common Service-Connected Disabilities in California

Service-connected disabilities can encompass a wide range of conditions. Some of the most common include:

Physical Disabilities

• Musculoskeletal injuries (back pain, knee problems)
• Hearing loss and tinnitus
• Respiratory conditions
• Arthritis
• Arm and shoulder injuries
• Back and neck conditions
• Cancer
• Traumatic Brain Injuries (TBI)
• Headaches

Mental Health Conditions

• Post-Traumatic Stress Disorder (PTSD)
• Depression
• Anxiety disorders
• Military Sexual Trauma (MST)
• Toxic Exposure Disabilities
• Conditions related to Agent Orange exposure
• Gulf War Syndrome
• Illnesses linked to burn pit exposure

Special Monthly Compensation (SMC)

Veterans with severe disabilities may qualify for SMC, which provides additional compensation above the 100% rate. This can apply to loss of limbs, blindness, the need for regular aid and attendance, and other specific situations.

California-Specific Veteran Resources

As a California veteran, you have access to state-specific benefits and resources to assist with your disability claims and appeals.

State VA Offices and Services

• California Department of Veterans Affairs (CalVet): CalVet works to serve California veterans and their families, ensuring they receive the state and federal benefits and services they’ve earned.
• VA Regional Offices:
  • Los Angeles Regional Office: Provides services related to compensation, pension, vocational rehabilitation, and more.
  • Oakland Regional Office: Offers assistance with benefits claims and appeals.
  • San Diego Regional Office: Supports veterans with various benefit services.
• VA Medical Centers:
  • VA Palo Alto Health Care System: Offers comprehensive medical services and is affiliated with Stanford University School of Medicine.
  • San Francisco VA Medical Center: Provides a range of healthcare services and operates a drop-in center for veterans requiring emergency services.
  • VA Long Beach Healthcare System: Delivers primary, tertiary, and long-term care in various medical fields.
  • Loma Linda VA Medical Center: Provides specialized care for veterans in Southern California.
  • Fresno VA Medical Center: Serves Central California with comprehensive healthcare services.
  • Northern California Health Care System: Offers services across multiple facilities, including outpatient clinics in Martinez, Redding, and Fairfield.

Veteran Advocacy Groups

• California Association of Veteran Service Agencies (CAVSA): Advocates at the state and local levels for veterans’ mental health, housing assistance, employment, and medical needs.
• Veterans Advocacy Group of America (VAGA): Provides resources to improve veterans’ living conditions, including training and employment opportunities.
• Swords to Plowshares: Offers job training, housing, and benefits advocacy to low-income and homeless veterans, primarily in the San Francisco area.
• AMVETS Department of California: Delivers on its commitment to veterans in California, offering various support services.
• Disabled American Veterans (DAV) California: Connects veterans to the benefits they deserve and offers support through various programs.
• Vietnam Veterans of America (California Chapters): Provides community support and advocacy for Vietnam veterans across California.
• California Women Veterans Leadership Council: Focuses on the needs of women veterans, including advocacy, healthcare, and career development.

California Veterans Benefits Guide

The FDVA provides a comprehensive guide to state benefits, which we can help you navigate to ensure you’re not missing out on any opportunities.

California Veteran Benefits by Disability Rating

California offers additional benefits for veterans based on their VA disability ratings. Here’s a breakdown of benefits by rating category:

10% – 40% Disability Rating

• State Employment Preference: Veterans with a service-connected disability receive additional points on state civil service examinations.
• Property Tax Exemption: A partial exemption is available for primary residences owned by veterans with a service-connected disability and a qualifying income level.
• Hunting and Fishing Licenses: Reduced fee licenses are available for veterans with a 50% or higher disability.
• Priority Access to Workforce Training: Veterans in this category can access workforce centers and job training programs.

50% – 90% Disability Rating

• Property Tax Exemption: Increased exemption value for primary residences.
• Hunting and Fishing Licenses: Fully waived license fees for veterans with 50% or more service-connected disability.
• Disabled Veteran License Plates: Special plates are available at no additional charge.
• Reduced Public Transit Fees: Discounted or free public transit for veterans with a 50% or more disability rating.

100% Disability Rating

• Property Tax Exemption: Full exemption on primary residence for veterans with a 100% service-connected disability or those rated as 100% due to unemployability.
• Tuition and Fee Waivers: Dependents of 100% disabled veterans are eligible for tuition-free education at public colleges and universities in California.
• State Park Pass: Free access to all state parks for disabled veterans.
• Employment Benefits: Priority in hiring for state jobs and other programs.
• Vehicle Registration Fee Waiver: Disabled veterans may qualify for a full vehicle registration fee waiver for one vehicle.
• Housing Assistance Grants: Additional support for adapting homes for 100% disabled veterans.

Additional State Programs

• Property Tax Assistance for Veterans with Limited Income: Additional programs for those with low income to receive tax relief.
• Veteran-Owned Small Business Program: Helps veterans with service-connected disabilities secure state government contracts.
• Transitional Housing and Homeless Programs: CalVet runs multiple programs aimed at addressing homelessness among veterans.
• Veterans Cemetery Program: Eligible veterans can receive burial benefits at state-operated cemeteries.
• Veteran Business Development Grants: Grants to help disabled veteran business enterprises (DVBE) thrive in California’s economy.
• Mental Health and Counseling Services: State-funded programs specifically for veterans suffering from PTSD or other service-related mental health conditions.
• Emergency Financial Assistance for Veterans: Short-term financial assistance for housing, utilities, or healthcare emergencies.
• Veterans’ Legal Services Program: Free legal aid for benefit appeals, housing disputes, and estate planning.
• Women Veteran Wellness Initiatives: Focused healthcare and community support programs for women veterans.
• CalVet College Fee Waiver: Extends tuition waivers to dependents of service-connected disabled veterans attending California public colleges and universities.

Remember, these benefits can change, and you might need to qualify. Always check with the California Department of Veterans Affairs or your County Veteran Service Officer for the latest information.

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Don’t Let VA Denials Stop You – Free Consultation Today

The VA system is designed to wear you down. To make you give up. But you didn’t give up when your country called, and you shouldn’t give up now.

ProVet Legal is ready to take up arms for you. We’ll cut through the red tape, stand up to the bureaucracy, and fight tooth and nail for every benefit you deserve.

Don’t let the VA shortchange your sacrifice. Contact us today for your free case review.

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