VA Disability Lawyers Proudly Serving San Jose Veterans

Legal Services for San Jose Veterans

Hill & Ponton focuses specifically on helping veterans with the appeals process after a denial or an insufficient rating decision, as well as claims for special monthly compensation or VA unemployability. Here’s how we can assist San Jose veterans:

• Appeals: If your initial claim was denied or you received an unfavorable decision, we specialize in navigating the complex VA appeals process. We understand the nuances of the different appeal lanes and work to build the strongest possible case for you.
• Increased Ratings: If your service-connected condition has worsened since your initial rating, we can help you file for an increase in your disability rating to ensure your compensation reflects the current severity of your condition.
• Disability Compensation: We assist veterans in securing compensation for physical and mental health conditions linked to their military service. This includes conditions incurred or aggravated during service.
• Dependency and Indemnity Compensation (DIC): We help surviving spouses, children, and parents of service members or veterans who died from service-related causes obtain their DIC benefits.
• Special Monthly Compensation (SMC): Veterans with particularly severe disabilities or specific needs (like the loss of a limb or need for aid and attendance) may qualify for additional compensation. We can help determine eligibility.
• Total Disability Based on Individual Unemployability: If service-connected disabilities prevent you from maintaining substantially gainful employment, even if your combined rating is less than 100%, you might be eligible for TDIU, which pays at the 100% rate.

Winning Claims and Appeals

VA disability claims are often denied for various reasons, including insufficient evidence, lack of a clear connection between the condition and military service, or errors in the application process. Understanding the requirements and how the VA evaluates claims is crucial. In California, nearly 30% of veterans reported having a disability in 2022, which shows a significant need for accessing benefits.

What Does a Successful VA Claim Require?

A key element the VA looks for is “nexus” – the link between your current disability and an injury, event, or illness during your military service. Without a clear nexus supported by evidence, claims are often denied. To win your case you will need:

1. A Current Diagnosis – You must have a current medical diagnosis of the condition for which you are seeking benefits.
2. Evidence of an In-Service Event, Injury, or Illness – Proof that something specific happened during your military service (e.g., an injury, exposure event, specific diagnosis) that could have caused or contributed to your current condition.
3. A Medical Nexus – Medical evidence or opinion linking your current diagnosed condition to the in-service event, injury, or illness. Sometimes, this link is straightforward (e.g., a combat injury leading to chronic pain). Other times, particularly with conditions that appear years after service, it can be more complex and require an opinion from a medical specialist, as well as expert legal assistance.

Establishing Nexus for Toxic Exposure Claims

One area where establishing nexus is critical is toxic exposure. Veterans living in San Jose may have served at various locations contaminated with harmful substances – such as Agent Orange, TCE or PFAS (often found in firefighting foam used in military bases across California).

Military Bases in the Greater San Jose, CA Area

While San Jose doesn’t host a large active-duty base, several installations are within the broader region or are historically significant to veterans in the area. Many have documented environmental concerns.

• Moffett Federal Airfield (Mountain View): Primarily a NASA research center now, formerly Naval Air Station Moffett Field. Known site of PFAS contamination.
• Travis Air Force Base (Fairfield): A major active airlift base located northeast of the Bay Area, offering various support services for assigned personnel. Known site of PFAS contamination.
• Fort Hunter Liggett (Jolon): The largest US Army Reserve Command post, located south of San Jose. Used for training. Known site of PFAS contamination.
• Camp Parks Reserve Forces Training Area (Dublin): Army Reserve training facility east of the Bay Area. Known site of PFAS contamination.
• Pillar Point Air Force Station (Half Moon Bay): Small station supporting space/missile launches from Vandenberg SFB.   
• Presidio of Monterey / Defense Language Institute (Monterey): Active Army installation focused on language training.
• Fort Ord (Monterey, CA): known for contaminated soil and drinking water (TCE, VOCs, lead, etc.) linked to higher rates of certain cancers like multiple myeloma. Veterans who served at Fort Ord are said to have a 35% higher rate of multiple myeloma compared to civilians.
• Naval Air Station Alameda: Well-documented radiation danger and other exposures.
• Castle Air Force Base: TCE and PFAS contamination.

When Should I Get a VA Disability Lawyer?

VA laws and regulations are complex and constantly changing. Attorneys specializing in VA disability law stay up to date and understand the specific evidence and arguments needed to win appeals. They can analyze your case file, identify errors, gather crucial evidence (like medical opinions), and represent you before the VA, including the Board of Veterans’ Appeals.

While VSOs provide valuable free legal help, attorneys can often dedicate more time and resources to challenging cases and have the expertise to handle appeals involving legal interpretation and argumentation.

What Is the Success Rate of San Jose VA Lawyers?

Success rates can vary, with average appeal success rates (with or without an attorney) estimated at around 38-39% according to BVA reports for FY2022 and FY2023. Experienced VA disability law firms often have high success rates specifically for appeals, which is where a deep understanding of the VA claims process becomes most critical.

Hill & Ponton is proud of our track record of 96% success rate for the cases we take nationwide. Our focus on appeals allows us to apply our legal expertise where veterans often need the most help. See what our clients say about the impact we’ve made in their lives.