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New York Veterans Disability Attorneys
Every veteran deserves support when an event during their service results in a serious disability. To provide that support, the VA offers disability benefits for those suffering from injuries or illnesses related to their time in the military.
If you are living with a service-related condition and have had your disability claim denied, Gang & Associates is here to help. Our team of New York veteran disability attorneys can strengthen your claim and guide you through the appeals process. We will work tirelessly to help you get the best possible outcome from your claim.
Who Qualifies for VA Disability?
The reality of VA disability benefits is that many claims are initially denied. There are eligibility requirements that must be met for anyone seeking compensation, and the failure to meet even one of them can bring a claim to a disappointing end. The decision-makers at the VA are also human, meaning that their mistakes might also lead to an unfair denial.
In order for you to qualify for benefits, you will need to prove three different things: you have a current disability, there was an event that occurred during your service, and that event is related to your condition.
You Have a Current Illness or Injury
In order for your claim to be successful, you need a current disabling injury or illness. That means a condition that you are currently dealing with as opposed to one that was largely resolved. You can see many of the common types of claims we handle as part of the appeals process.
You Previously Served in the Military
Prior military service is also a requirement for these benefits. They are available not just for events that occurred on active duty. A claim could also stem from active duty for training or inactive duty training. There are also limitations based on the nature of your discharge. You may not be eligible if you received an other-than-honorable, bad conduct, or dishonorable discharge.
There is a Nexus Between Your Condition and Your Service
Connecting your disability to your time in the military can be one of the most challenging aspects of a claim. This connection—known as a nexus—usually involves an event that occurred during your service that is tied to your condition. For example, an injury in combat could be linked to a wide range of injuries and psychiatric disorders. Tools like buddy letters and VA nexus letters are useful for making your case.
How an Appeal Works
In 2017, the federal government modernized the way appeals work. Under the current system, a veteran has different options to choose from when they disagree with the initial decision in their case. After receiving this decision, they can choose one of three paths: a Supplemental Claim, Higher Level Review, or a Board Appeal.
A Supplemental Claim is ideal when you have additional evidence that will support your case. Often, this comes in the form of a nexus letter that links your disability to your military service. If you believe that you have provided all the necessary proof but the VA made an error when deciding your case, you can choose a Higher Level Review to have someone else consider your evidence. Finally, you have the chance to have a Veterans Law Judge consider your case in a Board Appeal. Whether or not you can provide additional evidence at this stage depends on the circumstances. A New York veteran’s disability attorney can advise you when providing additional proof during a Board Appeal is an option.
There are additional options if the first attempt at appealing your case is unsuccessful. For example, you have the chance to file a Supplemental Claim if your Higher Level Review is unsuccessful. Our firm has had success with obtaining favorable outcomes at each of these levels, and our case results speak for themselves.
Hiring an Attorney Can Be More Affordable Than You Think
For most veterans struggling with a disability, any additional expenses can be overwhelming. The good news is that you have the chance to pursue your claim for compensation without paying any upfront legal fees. At Gang & Associates, we understand how difficult this situation can be. That is why we take these cases on a contingency fee basis.
By operating on contingency, you will never be asked to pay any of our fees upfront. Instead, we will retain a percentage of what we recover on your behalf if your claim is successful. That means we will get to work right away without the need for you to pay anything upfront. We only get paid when you do.
What VA Disability Benefits are Available in New York?
For disabled veterans in New York, VA disability benefits can be a lifeline. If you are unable to work due to an injury or illness related to your service, you are entitled to monetary benefits through the VA. These benefits are designed to compensate you for the long-term effects of medical conditions incurred or made worse through your service.
The amount of compensation a veteran receives depends on the disability rating assigned by the VA, which ranges from 0% to 100%, with 100% representing total disability. At the highest rating, a person is unable to maintain any gainful employment due to their health conditions.
The disability rating reflects the severity of the veteran’s condition and its impact on their ability to function. A higher rating results in greater monthly compensation and access to additional VA benefits. For example, a veteran with a 30% rating or higher may be eligible to receive additional compensation for dependents.
Filing for VA disability benefits requires thorough documentation, including detailed medical records and evidence linking the condition to military service. Veterans can file their claims online through the VA’s portal, by mail, or in person at a New York VA office. Once the claim is submitted, the VA reviews the evidence and assigns a disability rating if the claim is approved.
Veterans with multiple service-connected disabilities receive a combined disability rating. However, the VA’s method for calculating this rating is not a simple addition of individual percentages. Instead, it uses a specific formula that often results in a lower combined rating than expected. For instance, if a veteran has two conditions rated at 40% and 20%, their combined rating will not be 60%, but rather a lower number based on the VA’s formula. Understanding how combined ratings work is essential, and many veterans seek help from experienced veterans disability lawyers to ensure they receive the proper compensation.
Primary vs. Secondary Claims – What is the Difference?
When applying for veterans disability benefits, it’s important to understand the distinction between primary claims and secondary claims, as this affects how the VA evaluates and compensates different medical conditions. Both types of claims are eligible for compensation, but they require different types of evidence to establish a connection to military service.
Primary Claims
A primary claim refers to a service-connected disability that directly results from an injury, illness, or event that occurred during military service. These claims can be easier to establish because the condition is often directly linked to an incident or exposure during active duty. For example, a veteran who suffered a broken leg in a vehicle accident can point to the exact moment when a service-related event led to their disability.
To succeed with a primary claim, veterans must provide clear evidence of the in-service event, a current diagnosis of the medical condition, and a medical nexus linking the condition to their service. This often includes military service records, medical records, and statements from healthcare providers. Once approved, the VA assigns a disability rating based on the severity of the condition.
Secondary Claims
Secondary claims involve medical conditions that develop as a result of an existing service-connected disability. These conditions are compensable because they are either caused or worsened by a primary service-connected condition. For instance, if a veteran has a service-connected knee injury that leads to back pain from altered gait mechanics, the back pain may qualify as a secondary condition.
To establish a secondary claim, veterans need to show medical evidence that links the secondary condition to the primary service-connected disability. This typically requires medical opinions or nexus letters from healthcare providers who can explain how the primary condition caused or contributed to the secondary condition. It may be easier to establish secondary service connection because you only need to link the claimed current disability to another disability that has already been rated to the VA as opposed to a specific event from your military service.
How Long Do I Have to File a VA Disability Appeal in New York?
For disabled veterans in New York who receive an unfavorable VA decision—whether a claim is denied or results in a lower-than-expected disability rating—timely action is crucial. You have one year from the date on the VA’s decision letter to file an appeal in most situations. This strict deadline applies to all types of appeals. Missing this deadline generally results in losing the right to appeal, forcing veterans to start the claims process from scratch by filing a new claim. Filing a new claim causes veterans to lose out on retroactive payment in most circumstances.
If a veteran decides to file a Notice of Disagreement (NOD), they must ensure it is submitted within this appropriate window of time. Choosing the right appeal route depends on the nature of the denial or the issues with the service-connected disability rating. For instance, if a veteran has new evidence, a Supplemental Claim may be the best option, while a Higher-Level Review is suitable if they believe the VA made a clear error in evaluating the original evidence.
Given the complexity of the VA appeals process, you can benefit from working with experienced veterans disability lawyers who can help ensure the appeal is properly filed and supported by additional evidence, such as updated medical records or nexus letters. Legal representation not only helps veterans meet critical deadlines but also increases their chances of obtaining a favorable outcome by presenting a stronger case to the VA.
When is the Right Time to Hire a New York Veterans Disability Attorney?
Federal law limits how and when an attorney can assist a veteran during this process. Our firm can only get involved in your case once the initial decision has been made by the VA. That means you are required to file your claim on your own without the help of legal counsel.
Once the VA makes a decision, an attorney can help you evaluate your options. It is important to remember that appeals are not limited to situations where your claim has been denied. Instead, you also have the opportunity to appeal if you disagree with your VA rating. A successful appeal could result in an increase in your rating and the compensation that comes with it.
Don’t Tackle Your Appeal Alone – Let Gang & Associates Help
If your VA disability claim was denied, you are not out of luck. There is an appeals process that could help you get a favorable outcome, and our team of New York veteran’s disability attorneys are here to help navigate this complicated system. Contact us as soon as possible for your free case evaluation, where we can answer any questions you might have.
Resources Available for Veterans in New York
As a veteran, you have access to a number of benefits through the State of New York. This comes in the form of assistance with applying for benefits, medical care, and access to job opportunities.
When it comes to your health, most of your needs can be met at a VA medical center. In total, the State of New York has twelve centers in total. They include:
- Albany Stratton VA Medical Center
- Brooklyn Campus of the VA NY Harbor Health Care System
- Manhattan Campus of the VA NY Harbor Health Care System
- VA Western New York Healthcare System at Batavia
- VA Western New York Healthcare System at Buffalo
- Northport VA Medical Center
- Bath VA Medical Center
- Canandaigua VA Medical Center
- Syracuse VA Medical Center
- James J. Peters VA Medical Center (Bronx, NY)
- FDR Campus of the VA Hudson Valley Health Care System
- Castle Point Campus of the VA Hudson Valley Health Care System
In addition to these centers, there are several other VA locations throughout the state. You can find the complete list here.
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.