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California VA Lawyers

California VA Lawyers

Client-Focused California VA Lawyers Advocate for the Rights and Interests of Military Veterans Seeking VA Benefits in Sacramento County, El Dorado County, Placer County, Solano County, Yolo County, and Throughout CA

Are you a current or former U.S. military servicemember who has suffered a disabling medical condition due to your service? If so, you may be entitled to seek disability benefits through the Veterans’ Administration. These benefits may include monthly financial payments along with services such as medical or mental health care and vocational rehabilitation or job training. Unfortunately, too many veterans face difficulty in getting the benefits they need and deserve when their benefits claims are denied in whole or in part by the VA. That’s where the California VA lawyers of Cianchetta & Associates can help.

Founding attorney Peter Cianchetta understands first-hand the frustrations that disabled veterans experience when dealing with the VA. He himself is a Disabled Veteran, having joined the U.S. Air Force in 1981 and served for nearly a decade. If you believe you have suffered a disability due to your military service and want disability benefits from the VA, contact us for an initial case review to learn more about how our California VA lawyers can help you get the benefits you may be entitled to for your service. 

Types Of Veteran’s Law Related Cases Our Firm Handles

The types of veteran’s law-related cases we handle revolve around compensation of benefits claims related to services connected disabilities with the VA. These include:

Eligibility Requirements for VA Benefits

To have a chance at successfully filing a claim for VA disability benefits, you must meet two eligibility requirements. The first requirement looks at whether you are a qualified servicemember. The second considers whether your disability is connected to your military service.

First, you must prove that:

  • You have a physical or mental health condition, and
  • You served on active duty, active duty for training, or inactive duty

In addition, you must not have received an other-than-honorable discharge, bad conduct discharge, or dishonorable discharge. 

Next, you must prove that one of the following applies in your case:

  • You suffered an injury or illness while serving in the military and you can medically link your in-service injury or illness to your current physical or mental health condition, or
  • You had an injury or illness prior to joining the military that was made worse by your military service, or
  • You are claiming a disability that you can connect to your military service, and your disability did not manifest until after you left the military

The VA Disability Benefit Application Process

You can apply for VA disability benefits in person at your local VA office, by mail, or online at the VA’s website. Before filling out an application, you’ll need to gather documents that support your disability claim. These documents may include:

  • Service records
  • Medical records, including VA hospital records or private medical records
  • Supporting statements from family, friends, co-workers, or military personnel that you served with, regarding your claimed disability, how your disability occurred, and how your disability has gotten worse over time and impacted your life

Once you have submitted your application and supporting documentation (if any), it will be reviewed by the VA. In certain cases, the VA may ask you to undergo a medical exam to provide further information about your condition. It usually takes the VA about five to six months to render a decision on your application. The decision will state whether you have an eligible disability, your disability rating, and the effective date of your disability. 

If you disagree with the VA’s decision, you have one year to pursue one or more of three options for seeking further review:

  • You can file a supplemental claim to provide new or additional evidence in support of your claim.
  • You can request that a more senior review officer conduct a review of your application. You cannot submit additional information if you request this option.
  • You can file an appeal with the Board of Veterans’ Appeals

How Can the California VA Lawyers of Cianchetta & Associates Help You to Get the Benefits You Need for a Service-Connected Disability?

When you’ve had your initial claim for VA disability benefits denied, or you received a lower disability rating than you believe you deserve, the California VA lawyers at Cianchetta & Associates will get to work in your case by:

  • Reviewing the VA’s determination to find out why your claim was denied or why you received a lower disability rating.
  • Going over your appeal options with you and what steps need to be taken to strengthen your application to help your chances of having it approved on appeal.
  • Working to secure additional evidence in support of your claim, including pursuing military records, medical records, and affidavits from those close to you and those you served with.
  • Representing you at each stage of the review process, pursuing every available avenue for securing the VA disability benefits you need and deserve. 

Contact Our Firm Today for an Initial Consultation to Discuss Your Rights and Options with Our California VA Lawyers

When you are suffering from a military service-connected disability, don’t delay seeking the VA benefits you may be entitled to. Contact Cianchetta & Associates today for a confidential consultation to discuss your legal rights and options with our knowledgeable California VA lawyers.

Frequently Asked Questions about VA Disability Benefits in California

FAQ: Should I get a lawyer for VA disability?

Under VA regulations, attorneys cannot be compensated for a VA claim unless a veteran has their disability benefits claim denied or they do not receive the disability rating they believe they are entitled to. If you receive a denial or notice of disagreement from the VA after filing an initial claim for VA disability benefits, you should speak to a VA disability lawyer. Most benefit claims are denied or the veteran does not receive the impairment rating they think they deserve. A lawyer can help you understand the reasons for the VA’s initial decision and advise you as to what steps you can take to contest the initial decision and pursue the disability benefits you need and deserve. 

FAQ: How much does a VA disability lawyer cost?

VA disability lawyers may not charge fees to assist a veteran with filing an initial claim. However, if an initial claim is denied or the veteran does not receive the full benefits they believe they are entitled to, a VA disability lawyer can charge a contingency fee of between 20 and 33 percent of the benefits or increased benefits that the lawyer is able to secure for their client by challenging the VA’s initial decision on the client’s claim.

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Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!

- Jack M.
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