Veterans Disability Lawyer Helping Veterans Obtain Disability Benefits In New York
The New York disability lawyers at Turley Redmond Rosasco & Rosasco are proud to assist veterans with benefits claims. We review your case and determine the full breadth of benefits you qualify for, including veterans, Social Security disability (SSD) and other government programs. 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 them.
What is Veterans Disability Insurance?
Veterans are entitled to compensation for injuries, illnesses and/or conditions that they sustained during active duty military service. Service-related disabilities are treated very seriously by the US Department of Veterans Affairs (VA), which provides tax-free compensation in such cases.
Veterans disability benefits cover any and all injuries, illnesses or conditions that are caused by the claimant’s active duty service in the military. But what if you already had a pre-existing condition that was simply worsened by your service? It is important to note that veterans’ disability benefits are also available to claimants whose injuries, illnesses or conditions were exacerbated by the veteran’s service.
The qualifying health issue need not have been incurred during combat. In fact, you can recover benefits for an injury, illness or condition that you sustain while cleaning the barracks or while training. Disability benefits for veterans in Long Island and throughout New York City are broad in scope; therefore, you are encouraged to speak with a knowledgeable veterans disability lawyer as soon as possible to learn more about your legal rights and options.
What Qualifies for Veterans Disability Claims?
The U.S. Department of Veterans Affairs (VA) pays tax-free benefits for disabilities caused by injury or disease related to military service. The amount you qualify for depends upon your percentage of disability, which is rated from 10 to 100 percent. You may file your claim for a disability that:
- Arose while you were in military service
- Arose after you retired from military service
- Had before entering the military and grew worse
- Involves a special circumstance
Basic Eligibility Principles for Veterans Disability Benefits
Veterans (and their surviving dependents) are entitled to submit an application and receive veterans’ disability benefits for service-related disabilities that they sustained while in active duty service or active duty training, as long as they were not subject to a dishonorable discharge. It is worth pointing out that you may still be eligible to receive benefits even if you had a pre-existing disabling condition that was exacerbated due to your military service.
The VA will presume that you have a service-related disability (and are thereby eligible to receive veterans disability benefits) if you suffer from a specific set of injuries, illnesses, and/or conditions within a year of being discharged from active service, as long as the conditions are rated at least 10 percent disabling by the VA. These conditions include: hypertension, arthritis, diabetes, and various others.
Some conditions — such as multiple sclerosis and tuberculosis, or even toxic chemical exposure — will be presumed to be linked to your service even if you develop the condition more than a year after discharge. Contact a veterans disability lawyer at our firm if you have questions about your eligibility.
The VA is a large government bureaucracy. Therefore, the claims process can be cumbersome, with multiple requests for information. The actual time between submission and approval depends upon the complexity of your injuries and access to the evidence the VA needs to make a decision. Our disability attorneys in New York help to expedite the process by meticulously preparing a thorough application and tracking its progress through the VA.
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 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 take care of
- 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
Injuries and Illnesses Covered by Veterans Benefits
You are entitled to compensation for injuries related to your service in the Air Force, Army, Coast Guard, Marine Corps or Navy. VA benefits cover injuries and illnesses 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
- Exposure to radiation
You will receive monthly monetary compensation that is based on the disability rating that you are given by the VA (i.e., 10 percent, 20 percent, etc.). However, this baseline compensation may be increased or decreased based on various other factors.
For example, compensation may be increased if you have a spouse with a severe disability. By contrast, compensation may be decreased if you are already receiving other forms of benefits, such as disability severance.
Discuss Your Options for Compensation With a Veterans Disability Lawyer
If you are currently suffering from a disability that was caused or exacerbated by having served in the military, you may be entitled to recover tax-free disability benefits through the VA. Recovering the benefits you deserve is not as straightforward as you might initially think, however. We are here to help.
At Turley, Redmond, Rosasco & Rosasco, LLP, our team has decades of experience representing disability claimants (including those whose injury or condition was caused by their service in the military) in securing the benefits that they are owed. We are committed to tailoring our services to the client’s needs. As such, we invest significant time and effort into collaborating with the client so that we fully understand their case from top to bottom.
Ready to speak to a seasoned Long Island veterans disability lawyer at our firm? Call us at 855-208-9438 or complete an online intake form on our website to schedule a free initial consultation today. We serve Long Island, Brooklyn, Queens, and other locations in NYC and nearby.