New York City Veterans Disability Attorney
An experienced New York City veterans disability attorney at Turley Redmond Rosasco & Rosasco will proudly assist you with your veteran benefits claims. When you work with our legal team, we will review your case and help you determine the full breadth of benefits for which you qualify, including veterans benefits, Social Security Disability (SSD) benefits and benefits from other government programs. We provide representation to both veterans and their families in pursuing all appropriate claims in order to maximize available benefits.
You served our country and, after putting yourself in harm’s way, you are entitled to compensation for your service-related disabilities. We want to ensure you obtain the money that you and your family deserve and we will be there for you every step of the way from the time that you develop a disability until you the time that you have received the money you deserve.
Learn more about:
- Common Veterans Disability Conditions
- Applying for Veterans Benefits
- Eligibility Requirements
- Veterans Disability FAQs
Veterans Disability Claims
The U.S. Department of Veterans Affairs (VA) pays tax-free benefits for disabilities that are caused by injury or a disease related to military service. The amount of disability benefits that you can qualify for depends on your percentage of disability, which is rated from 10 percent to 100 percent. This means that you can qualify for benefits whether you are totally or partially disabled.
You may file your claim for a disability that:
- Arose while you were in active duty military service
- Arose after you retired from military service and that was connected to your service
- You had before entering the military that grew worse
- Involves a special circumstance
Veterans may be eligible for benefits not only for medical issues caused by an injury, but also for any illnesses that developed as a result of military service. This can include various types of cancers and other radiogenic diseases that resulted from exposure to toxins while you were performing military service.
It is also possible that you can qualify for benefits not only for injuries obtained while serving overseas or in combat, but for any service-connected injuries or illnesses. Injuries sustained during training exercises or while you were on a military base, including repetitive stress injuries, could potentially make you eligible to make a disability benefits claim.
The VA is a large government bureaucracy. Therefore, the claims process can be very cumbersome, with multiple requests for information. It can be difficult to understand the steps you are required to take to ensure that the VA has the necessary information and to respond to forms and documents by the required deadlines. This is why it is so important to get help from a skilled New York City veterans disability attorney with navigating the claims process.
The actual time between the submission of your claim to the VA and the approval of your claim depends on the complexity of your injuries and access to the evidence the VA needs to make a decision. Our veterans disability attorneys in New York City help you expedite the process by meticulously preparing a thorough application and tracking its progress through the VA system.
In general, the claims process involves:
- Assessment of your claim by our lawyers, during which we gather supportive evidence and prepare a thorough application
- Obtaining a completed Disability Benefits Questionnaires (DBQs) from medical providers to prove your medical condition, which we can handle for you
- Submitting your application to the Veterans Affairs (another task we handle)
- Review of your claim by a Veterans Service representative
- Request of additional information or evidence from you, doctors or another government department, if applicable, by the Veterans Service representative handling your claim
- Claim decision, and notification of whether your claim was approved or denied
The stronger your claim for benefits, and the more documented medical evidence that you provide, the more likely it is that your application will be approved the first time. Turley Redmond Rosasco & Rosasco provides you with advice on how to ensure that you are able to prove your disability is connected to your service and severe enough to entitle you to receive benefits.
Injuries and Illnesses Covered by Veterans Benefits
You are entitled to compensation for injuries that are related to your service in the Air Force, the Army, the Coast Guard, the Marine Corps or the Navy. VA benefits cover injuries and illnesses that were incurred or exacerbated during training or combat, including:
- Combat-Related Special Compensation (CRSC)
- Chronic medical conditions, such as multiple sclerosis, diabetes, arthritis and Lou Gehrig’s Disease
- Undiagnosed illness associated with service in the Gulf War
- Tropical diseases and rare infectious diseases
- Frostbite, heat stroke and other exposure-related conditions
- Prisoners of war (POWs) physical and psychological conditions
- Anxiety, depression and post-traumatic stress disorder (PTSD)
- Exposure to Agent Orange and other herbicides
The severity of many of these conditions, and the associated symptoms, can vary in substantial ways from person to person. In some cases, service-connected conditions result in fatalities and surviving family members may be entitled to receive benefits. In many circumstances, symptoms can severely impact one’s quality of life and make working impossible. The more severe your disabling condition, the higher your disability rating will be and the more benefits you will receive.
You are also entitled to receive disability benefits if an illness or an injury that you had prior to serving in the military is exacerbated by an incident that occurred while you were on active duty. You will need to provide medical documentation showing a link between the worsening of your symptoms or between medical issues and your service within any branch of the military.
A New York City Veterans Disability Attorney Can Help You Prove Your Service-Connected Disability
If you have any impairments due to illnesses or injuries, you should be entitled to receive at least some disability benefits from the VA. The disability rating that you are assigned will determine the amount of compensation that is available to you; so, it is essential that you are able to show how severely your service-connected disability impacts your health and your quality of life.
In certain situations, it will be necessary to specifically demonstrate that your illness or your injury is connected to an incident that occurred while you were serving in a branch of the military on active duty. However, there are situations where there is a presumption that specific illnesses or injuries are service-connected. For example, if you were a prisoner of war for any length of time and you suffer from osteoporosis, various neuro-psychiatric conditions such as PTSD or anxiety, cold-related injuries, traumatic arthritis, stroke or heart disease, it is presumed that these specific impairing conditions were triggered as a result of your imprisonment.
Likewise, if you were exposed to Agent Orange and you develop conditions including AL Amyloidosis, multiple myeloma, Chronic B cell leukemia, non-Hodgkin’s lymphoma or certain other conditions, these are also classified as presumptive diseases. Additionally, those veterans who were exposed to radiation are also presumed to have a service-connected illness if they subsequently develop any radiogenic diseases, including many different types of cancer.
When you have a presumptive condition, the VA can provide proof that another cause of your illness or injury existed in order to try to avoid approving your disability claim. In most cases, however, if your illness or injury is one that has been found to routinely occur as a result of military service or as a result of exposure to chemicals while you were serving, your claim for benefits should be simple and straightforward.
A New York City veterans disability attorney at our firm can provide you with insight into whether your condition is a presumptive condition or whether you may need to provide additional documentation to demonstrate that your medical issues were actually caused by your time in the service.
Disability Benefits for Veterans With Post-Traumatic Stress Disorder
One of the most common reasons that veterans apply for disability benefits is because they are suffering from post-traumatic stress (PTSD) caused by their time serving their country. Post-Traumatic Stress Disorder is a serious condition that can impact every aspect of your life. If you experience PTSD, you may have a wide range of symptoms, including irritability, hostility, isolation, depression, anxiety, insomnia, nightmares, self-destructive behavior, personality changes, unwanted thoughts and emotional detachment. Flashbacks are also a common problem that many veterans suffering from post-traumatic stress disorder experience.
Because PTSD affects so many veterans, the Veterans Administration has simplified the process of qualifying for disability coverage when you suffer from this condition. You do not need to provide evidence that any specific incident that occurred while you were serving in the military caused the development of your post-traumatic stress disorder. Instead, you should be able to qualify for benefits, provided that you have been diagnosed by a physician or a psychologist with having PTSD related to a traumatic event that was likely to have happened while you were serving and that causes fear of hostile military or terrorist activity.
How Much Will You Receive in Disability Benefits?
The amount of money you receive for disability benefits will vary depending on your disability rating. Ratings range from 10 percent disabled to 100 percent disabled and they go up in 10 percent increments. A higher disability rating means that you will receive a more substantial amount of benefits. A skilled veterans disability lawyer will work with you to ensure you obtain the maximum amount possible for your disability.
Veterans who are found to be at least 30 percent disabled will also receive a larger monthly payment amount if they have a spouse or dependent children. When veterans have experienced specific types of service-connected disabilities that are permanently impairing, benefits may also be higher as well. For example, there are circumstances where veterans may lose a limb or lose their eyesight. These types of permanent impairments can result in a higher monthly benefit amount.
What If Your Claim for Benefits Is Denied?
Although disability benefits should be available to veterans in a wide variety of different circumstances, there are situations where a claim for benefits is denied. This could occur as a result of inconclusive proof that a disability is actually connected to a veteran’s military service. It could also occur if the veteran who is applying for benefits is not able to conclusively prove that he or she is sufficiently disabled to be entitled to monthly income.
Many denials can be successfully appealed and you can correct the problems in your application that resulted in a refusal to provide you with disability income. It is important that you work with an NYC veterans disability attorney if your claim is denied. Your attorney can assist you in understanding what went wrong and can guide you through the process of appealing to fight for the benefits you deserve.
There are also some circumstances where you might be ineligible to receive disability benefits. This can include circumstances where you were dishonorably discharged from the military; where your condition occurred as a result of misconduct; where you were injured while you were AWOL; or where you were injured while you were in prison, detailed due to a civil court felony, or detailed due to court martial.
In most situations, if you were hurt while you were serving or made sick by your service, you should be able to obtain benefits. The New York-area veterans disability attorneys at Turley Redmond Rosasco & Rosasco will help you fight to get the money that you deserve when your health was affected as a result of serving your country.
Discuss Your Options for Compensation With a New York City Veterans Disability Attorney
Do you have an injury or illness related to your active duty service? You have the right to important veterans disability benefits for medical treatment, wages, and living expenses. A New York City veterans disability attorney at Turley Redmond Rosasco & Rosasco will help you file a successful application. Your case evaluation is free, so contact us for a consultation today. Call 877-693-2529.
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