California VA Disability Lawyer

How Our California VA Disability Lawyer Team Can Help

As a veteran, you deserve more than a “thank you” for your service. Military service can lead to debilitating health issues, and you should never have to face those challenges alone and without resources.

If you are living with a service-connected health condition from your time in the military, you might be entitled to disability benefits through the Department of Veterans Affairs. Unfortunately, claims are often denied, but our attorneys are here to help you learn about your options after a denial and navigate the process with success. Let our California VA disability lawyer team answer your questions and handle any denied VA claims. 

Qualifying for VA Disability in California

When it comes to qualifying for VA disability benefits, you must meet certain criteria. You must not only establish that you were disabled but also tie that health condition to your military service. A California VA disability lawyer at our firm can provide resources related to determining your eligibility.   

You Served in the Military

Disability benefits through the VA are not limited to former active-duty members. You could be entitled to benefits based on your service for inactive duty training or active duty for training as well.

In addition to the type of service, the details of your discharge are also important. You will typically qualify for benefits if you receive anything other than a Dishonorable discharge. There are situations where an Other than Honorable discharge might also prevent you from qualifying.

You Have a Disabling Condition

To qualify for benefits, you must be living with a condition that is recognized as a disability by the VA. These include injuries or illnesses of a serious and potentially permanent nature.

There is not an exhaustive list of every potential disability. In fact, you may qualify for benefits even if your doctors are unable to provide a precise diagnosis for your symptoms. Any injury or illness that impacts your mind or body could qualify. We have a short list of common cases on our website.

Your Condition is Service-Related

Finally, there must be a link between your disabling condition and your time in the military. This is known as having a service-related condition. VA benefits are only available for health issues that resulted from an incident during your time in the military, although there is some leeway when it comes to identifying this connection. For example, it is often possible to link a health condition even though its symptoms developed after a person’s service has ended.

Our Attorneys are Ready to Help

The support of experienced legal counsel can make all the difference when your initial VA claim does not go the way you hoped. Whether your claim was denied outright or your award was less than you expected, an appeal could help you obtain your desired outcome.  

The thought of appealing a VA claim might seem intimidating at first, but these efforts are often successful. Having an attorney guiding you during this process improves your chances of a positive result. While the process is complicated, our team is ready to ensure you meet every deadline and comply with every requirement.

In addition to handling an appeal on your behalf, we can provide veterans with the tools they need to file their initial claim. Our free resources include helpful guides and a calculator for determining benefits and possible back pay. 

Submitting a VA Disability Claim in California

The process of filing a VA disability claim, while straightforward in theory, can be challenging in practice. This is due to the VA’s rigorous review standards and occasional inconsistent outcomes. Veterans must begin by gathering relevant documents to support their claim, including medical records detailing the condition, service records that link the condition to military service, and personal statements explaining how the condition impacts their daily lives.

Once all supporting evidence has been collected, the next step is to complete and submit the application for disability compensation. Veterans have several options for submitting this form: they can file it online through the VA’s eBenefits portal, mail a form directly to the VA regional office, or seek in-person assistance from a local Veterans Service Officer (VSO).

After submission, the VA begins its review process.  If the VA finds that the condition is service-connected, it will assign a disability rating, which is a percentage reflecting the severity of the condition and its impact on the veteran’s ability to work and perform daily activities. The disability rating is crucial because it directly determines the amount of monthly compensation the veteran will receive. Ratings range from 0% to 100%, with higher ratings resulting in greater compensation.

Appealing a Denied Claim

Many disabled veterans in California face the frustrating experience of having their initial VA disability claim denied. A denial does not mean the end of the road—veterans have the right to appeal the decision and continue pursuing the disability compensation they deserve.

Filing a Decision Review Request

The first step in appealing a denied VA claim is filing a Decision Review Request. This form must be submitted within one year of the VA’s decision date in most cases. By filing one of three types of Decision Review Request, veterans formally express their disagreement with the VA’s decision and initiate the appeals process.

Requesting a Higher-Level Review or Submitting a Supplemental Claim

Veterans have multiple options when appealing a denial. One option is to request a Higher-Level Review, which involves having a more experienced VA adjudicator re-evaluate the claim without considering new evidence.

Alternatively, veterans can choose to file a Supplemental Claim, which allows them to submit new and relevant evidence that was not previously considered. This route is often useful when additional medical evidence becomes available or if the veteran has new records supporting the service connection of their condition.

Board of Veterans’ Appeals (BVA) Review

The third type of Decision Review Request is a Notice of Disagreement (NOD) to the Board of Veterans’ Appeals. An NOD can be filed immediately or it can be filed when one of the other two options is unsuccessful.

If the Higher-Level Review or Supplemental Claim does not result in a favorable decision, veterans can escalate their appeal to the Board of Veterans’ Appeals (BVA). The BVA provides a more formal review process, where veterans can request a hearing with a Veterans Law Judge and/or submit additional evidence for the Board to consider.

Appealing to the Court of Appeals for Veterans Claims (CAVC)

In the event that the BVA denies the appeal, veterans have the chance to take their case to the Court of Appeals for Veterans Claims (CAVC). The CAVC is an independent federal court that reviews VA decisions to ensure they comply with the law.

The Cost of Hiring a VA Disability Lawyer

It is understandable to have concerns about the cost of hiring legal counsel for your VA disability claim. The legal team at Gang & Associates understands the financial strain that these disabling conditions can bring, which is why you will only owe us a fee if we are successful in recovering compensation on your behalf. If you are awarded benefits, our firm will retain a percentage of what we recover as our fee. It is important to note that federal law only allows our firm to take on your case after your initial claim has been filed and a decision is made. 

FAQs for California VA Disability Lawyers

How Long Does it Take for the VA to Make a Decision?

Getting an answer on your VA disability claim can take time, regardless of whether you receive a favorable outcome or not. Often, you can expect months of waiting without any contact from the VA before the final decision is made. The government provides an updated estimate of how long it takes for claims to work their way through the system. You can find this estimate at VA.gov.

Can I Get VA Disability Benefits for Anxiety?

While the focus of many disability claims is for life-threatening conditions, one of the most common issues that lead to benefits is a diagnosis of anxiety. The VA can award benefits for anxiety when rated as a primary condition. You might also receive an additional separate rating increased when anxiety is diagnosed as a secondary condition linked to a service-connected health issue. 

Will I Need to Submit to an Examination?

Any time you file a claim for VA disability benefits, you may be asked to report to a medical exam. These are commonly referred to as compensation and pension exams. You will generally be contacted by your VA office or nearby doctors who work with the VA about your examination. 

Appearing at these examinations is mandatory. That said, examinations are not required with every claim. If you are not contacted by the VA, you will not have to submit to an exam. 

Resources for California Veterans

California veterans have access to numerous resources to help with VA claims, appeals, and overall well-being. The California Department of Veterans Affairs (CalVet) provides assistance with disability claims, benefits counseling, and housing services. There are a total of eight VA medical centers, which can be found at the following locations:

• Fresno
• Livermore
• Long Beach
• Los Angeles
• Mather
• Menlo Park
• Palo Alto
• San Diego

In addition to the medical centers, the VA operates countless other facilities in California which you can find on their website.

Reach Out to a California VA Disability Lawyer Today to Learn More

The denial of your VA claim does not mean your opportunity for disability benefits has come to an end. The attorneys of Gang & Associates are ready to guide you through the process of appealing your claim. Contact us right away for your free initial case review. 

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Disclaimer: Please note that Gang & Associates is a national law firm with a focus on serving veterans across the United States. While this and other pages on our website provide state-specific information, our services extend nationwide to assist veterans in need. Gang & Associates is a national veterans disability law firm with satellite offices throughout the country. All offices are by appointment only, and all mail must be directed to our main mailing address at P.O. Box 96503, Dept. 34938, Washington, DC 20090-6503.