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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.
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 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.
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.