Veteran (VA) Disability Lawyer Serving Huntington, New York
A veteran who experiences illness or injury because of their military service is entitled to disability benefits and should be able to those benefits in a timely fashion, without bending over backward to meet VA’s requirements.
If you are a veteran and your request for disability benefits claim has been denied, we may be able to help you. A Chisholm & Kilpatrick LTD veteran disability lawyer serving Huntington, New York has the experience and knowledge to work guide you through the VA appeals process. For a free initial consultation, contact our team at 800-544-9144.
VA Regional Benefit Office(s) Serving Huntington, NY
VA Medical Centers Serving Huntington, NY
Filing an Appeal for VA Disability Benefits in Huntington, NY
The process of applying for veterans’ disability benefits through the U.S. Department of Veterans Affairs (VA) is notoriously complex. All too often, many veterans grow frustrated with the rigid requirements and give up after receiving a denial on their initial claim for benefits.
If you received a denial, you have one year from the date on the denial letter to file an appeal. A VA disability attorney may be able to help you build a strong case for appeal, ensuring you submit the appropriate evidence and meet the various deadlines throughout the appeals process.
The Elements of a VA Disability Claim
In order for VA to award a grant of benefits, you must be able to provide proof of the following:
- A current diagnosis of your medical condition from an accredited healthcare provider;
- An injury, event, or illness that occurred during your military service; and
- A medical link, or nexus, between your current diagnosis and the in-service injury, event, or illness.
VA requires that your diagnosis to come from an accredited physician, but you have the option of visiting a VA physician or your own private doctor.
Establishing the Nexus
Often the most challenging component of a disability claim or appeal is establishing the nexus. VA requires veterans prove that their current disability was “at least as likely as not” caused by their military service. After examining you and evaluating the severity of your symptoms, a doctor or medical specialist can typically opine whether you meet this standard of proof. In addition to a statement from a doctor, you can submit other evidence in support of your claim, including medical and service records and lay statements.
Presumptive Conditions Already Meet the Nexus Requirement
Certain conditions for which veterans commonly seek disability benefits have been determined to be presumptive by VA. This means that VA has already determined these conditions to be the result of unique circumstances in a veteran’s military service. VA’s list of presumptive conditions pairs certain military experiences with specific medical conditions that the administration has identified as having a consistent and valid causal connection.
If your military service coincides with events identified by VA and you suffer from one of the conditions listed as presumptive, your nexus is already established. For example, if you experienced one of the situations listed below, check VA’s list of medical conditions to see if your injury or illness is presumed to be service-related.
Some examples of presumptive events include:
- Radiation exposure
- Mustard gas and Lewisite exposure
- Agent Orange exposure
- Veterans exposed to contaminated Camp Lejeune water
Let a Veterans’ Advocate Help With Your Appeal
A veterans’ disability attorney serving Huntington, NY from Chisholm Chisholm & Kilpatrick LTD can help you with your benefits appeal and fight to get you the compensation you have earned. We work on a contingency basis, meaning we do not charge any attorney’s fees unless we win a retroactive grant of benefits on behalf of our client.
Call Chisholm Chisholm & Kilpatrick LTD today for a free initial case review at 800-544-9144.
Huntington Blog Posts
- VA Seeks Contractor Support in Developing IT Software for Appeals Reform
What is Caseflow? Caseflow is a suite of web-based tools designed to replace the 1980s-era Veterans Appeals Control and Locator System (VACOLS), which VA presently uses to handle appeals. The development of Caseflow is consistent with VA’s focus on modernizing the appeals process. By creating a better, more efficient process for handling and deciding appeals […]
- How to File a Motion for Advancement on the Docket
What is a Motion for Advancement on the Docket (AOD)? As required by law (38 U.S.C. § 7107(a) and 38 C.F.R. § 20.900(c)), the Board of Veterans’ Appeals reviews appeals in docket order. In other words, it reviews appeals in the order they were received. However, veterans can submit what is called a “motion for […]
- Denial of increased rating for bipolar disorder lacked adequate reasons or bases
Summary The Veteran served on active duty in the Army from 1988 to 1990 and from 1999 to 2007. VA granted service connection for her bipolar disorder in April 2008 with a 30% rating, effective from April 2007. She appealed the 30% rating to the Board of Veterans’ Appeals. The Board then remanded the claim […]