Veteran (VA) Disability Lawyer Serving Albany, New York
A veteran who has served their country should not have to struggle to get the benefits they may be entitled to for their service-related disability.
If you filed a disability claim with the U.S. Department of Veterans Affairs (VA), and your claim was denied, one of our VA disability experts serving Albany, New York can review your case to see if we can help file an appeal on your behalf.
Call Chisholm Chisholm & Kilpatrick LTD at 800-544-9144 for a free initial consultation. We will review your case and determine if we may be able to assist.
VA Regional Benefit Offices Serving Albany, NY
Albany, NY: New York Regional Office at Albany VAMC
Wappingers Falls, NY: New York Regional Office at Castle Point VAMC
VA Benefit Offices Serving Albany, NY
Albany, NY: New York Regional Office at Albany VAMC
Syracuse, NY: Syracuse Vocational Rehabilitation and Employment Office
VA Medical Centers Serving Albany, NY
Troy, NY: Troy VA Clinic
Schenectady, NY: Schenectady VA Clinic
Catskill, NY: Catskill VA Clinic
Proving Eligibility for Your VA Benefits
Sometimes, VA might deny a disability benefits claim because the veteran failed to meet all criteria required for service connection. When applying for disability benefits, a veteran must provide proof of:
- A current diagnosis of your condition by a medical professional;
- An in-service injury, illness, or event; and
- A medical nexus, or link, connecting your condition to the in-service injury, illness, or event.
The veterans’ advocates at Chisholm Chisholm & Kilpatrick LTD know what types of evidence VA may require as proof that you meet the above requirements. If your claim for disability benefits was denied by VA, or you believe you deserve a higher disability rating, our team may be able to help you appeal the decision. Importantly, you have one year from the date on the decision letter from your initial claim to file an appeal.
Satisfying the Medical Diagnosis Requirement for Your Disability Benefits
VA requires that your application for disability benefits include a current diagnosis by a medical professional. It is important to note that you have the option to visit a private physician of your own choosing, as well as a VA doctor. Either way, your doctor should examine your current symptoms and evaluate your medical history. In some cases, it may be beneficial to visit a medical professional who specializes in your condition.
Addressing the Nexus Requirement for Your VA Claim
One of the most challenging aspects of constructing an appeal is often meeting the nexus requirement. It is possible that your original claim did not adequately connect your injury or condition to a specific event you experienced during your military service, thereby leading VA to deny you benefits. Our veterans’ advocates understand what VA is looking for in terms of the medical nexus between your condition and your service, and may be able to help you appeal a denial of disability benefits
About Presumptive Service Connections
VA has noted a pattern whereby veterans with shared military experiences developed similar medical conditions. These commonalities may connect with the veterans’ having served in certain locations during a specific time period.
Although the medical conditions these veterans may have developed were not necessarily because of one specific injury, event, or illness, VA has concluded that these patterns are more than coincidental. As such, VA has constructed a list of conditions for which there is a presumed service-connection, and a medical nexus is presumed to exist. A veteran who suffers from Type-2 Diabetes and who was exposed to Agent Orange in Vietnam would be an example of presumptive service-connection.
Check your medical condition against VA’s list of presumptive conditions. If your condition appears on this list, the nexus requirement for your appeal may already be met.
VA Disability Compensation Levels
If VA grants you service connection for your condition(s), you will be assigned a rating based on the severity of your symptoms. The VA reviewer or rating specialist assigned to your claim will review your case and, according to the rating schedule for your disability, assign you a disability rating. If you are seeking service connection for more than one condition, your ratings will be grouped together in what is called a combined VA rating. Ratings are measured in percentages on a scale from 0 to 100, with 100 percent being totally disabled.
Typically, the more severe your symptoms, the higher the rating you will be assigned. The higher your rating, the greater the amount of monthly disability compensation you may receive.
While veterans with a rating of 0 percent will not receive any monthly compensation, they may still be entitled to receive other VA disability benefits, such as VA healthcare.
Contact a Veteran (VA) Disability Attorney for Appeal Assistance
The VA disability attorneys at Chisholm Chisholm & Kilpatrick LTD value your service and sacrifice for your country. We use our many years of experience to help each of our clients get the benefits to which they are entitled.
Call the Chisholm Chisholm & Kilpatrick LTD team serving Albany, NY at 800-544-9144 for a free consultation.
Albany Blog Posts
- VA’s Standard of Proof: “At Least as Likely as Not”
Just as in any legal system, VA has a certain evidentiary standard, or “standard of proof,” when it looks at veterans’ claims for benefits. For VA, the standard of proof is “at least as likely as not.” What does that mean for a veteran’s claim, and how high a burden is it? What Does “At […]
- Delayed Onset PTSD and VA Disability Benefits
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- VA Disability Ratings for Small Cell Carcinoma
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