Do you have disabilities related to your military service? You may be eligible for VA benefits in New York. The U.S. Department of Veterans Affairs administers these monthly benefits based on the nature and severity of your condition. If you are a veteran, you should not have to navigate life with the stress and uncertainty of medical expenses and lost income related to your disabilities, which is why it’s essential to file a VA disability claim and its benefits.
If you need assistance filing for VA disability benefits or have questions about VA disability eligibility or the Veterans Affairs claim process, an attorney skilled in handling veterans’ benefits can help answer these questions and complete your VA benefits application. By preparing and filing a proper VA benefits claim with the help of a lawyer, you can more easily secure the benefits you deserve and also gain clarity on essential questions, such as whether VA benefits are taxable.
Who Can File a VA Disability Claim?
Suppose you are a veteran who served on active duty, active duty for training, or inactive duty training. In that case, you may be eligible for disability compensation for veterans if you have an injury or illness affecting your current mental or physical health. The subject injury or illness must have occurred (or been aggravated) during your military service.
The eligibility criteria are further explained as follows:
- Service Requirement – You must have served in the military in a qualifying capacity. Specifically, you must have been on active duty, active duty for training, or inactive duty training when you suffered the injury or developed (or exacerbated) the illness or condition. In other words, even if you have a pre-existing condition, you may still be eligible for benefits if the condition was aggravated due to your military service as reflected in your VA medical records.
- Current Condition Requirement – You must be presently experiencing a mental or physical condition (the injury or illness) responsible for your disability.
- Disability Requirement – To be eligible for VA disability compensation, the disability rating must be at least 10 percent. The VA will use its VA rating schedule to evaluate and assign your disability rating.
How to Apply for a VA Disability Claim (Step-by-Step)
When you are ready to file a claim for VA disability, you must establish your intent to file for benefits through an eBenefits VA claim. Next, you must complete the necessary applications, submit the necessary supporting evidence for your VA claim, and submit to a C&P exam if required.
At Fusco, Brandenstein & Rada, P.C., we understand the process may seem overwhelming, and you might have questions about a VA disability form. Rest assured, an experienced VA disability benefits attorney from our firm can break down the process and assist you through the following steps:
- Establish Intent to File – As noted above, you must establish your intent to file. This sets a potential date by which your benefits may start.
- Complete the Application – To file a VA claim for disability compensation and benefits, complete and submit VA Form 21-526EZ.
- Gather Supporting Evidence – You must collect and submit VA disability supporting documents, including all pertinent medical records, military service records, and any other documentation to support your claim.
- Schedule and Attend a VA C&P Exam – If required, you must complete a Compensation and Pension (C&P) exam so that the VA can assess your condition.
Once you submit your claim, it is VA disability decision time. The VA will review the evidence you and your attorney provided and make a claim decision.
Please read more here about claims evaluation: Proposed Changes in Veterans’ Claims Evaluation
Tips to Strengthen Your VA Disability Claim
If you seek VA disability benefits, several means exist to help strengthen your claim. As detailed below, you should submit strong medical evidence, provide a detailed lay statement, and consider filing for secondary conditions:
- Gather and Submit Medical Evidence – You should provide comprehensive medical evidence to support your claim, including treatment records and any new diagnoses. In addition, a VA nexus letter, a letter from a doctor stating that your medical condition has a direct service connection, may be helpful to bolster your type of claim.
- Provide a Detailed Lay Statement – You may strengthen your claim by providing specific details about your symptoms, including how they’ve affected or limited your daily life activities, and how your condition affects your overall ability to function. In addition, statements from family members, friends, and other veterans can corroborate your claims and offer the personal perspective you need to support your claim for military disability compensation.
- Claim for Secondary Conditions – Depending on the nature of your injury or condition, you may suffer from other secondary conditions. Consider filing for benefits related to these secondary service connection conditions if the subject injury has caused or aggravated them. The VA may consider your secondary service-connected disability in its evaluation.
You may appeal if the VA denies your claim despite taking these steps. You can submit new medical records, expert opinions, or more detailed lay statements to support your VA claim appeal. Further, if the Board hears your appeal of Veterans Appeals, you may attend the hearing with your lawyer, allowing you to present your case in person, which could result in a favorable outcome on how to appeal.
How Can You Help Your Attorney with Your Filing?
Your attorney can help with your VA benefits claim by filing promptly. You could expedite the VA disability claim timeline by completing all forms accurately and completely. By providing specific information and being honest about your symptoms and their impact, you can help your case. Although the filing process may feel intimidating, you can trust that your attorney will help you understand the process and your VA claim status.
Contact a New York VA Disability Attorney Today
At Fusco, Brandenstein & Rada, P.C., we understand how difficult it may be to receive medical bills that you are unable to pay because you cannot work due to your disability. Our team is dedicated to assisting disabled veterans in New York to seek the benefits they deserve.
With a Fusco, Brandenstein & Rada, P.C. attorney on your side, you can trust that you have a strong advocate who will help you in all aspects of your case. When you are ready to file for VA disability benefits, contact us at 516-496-0400 to get started with a confidential consultation.