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
- CCK Uncovers Memo Used By VA To Wrongly Deny Claims Of Thailand Veterans
Chisholm Chisholm & Kilpatrick (CCK) forced VA to make public for all veterans the memorandum used to deny many Thailand veterans’ claims based upon exposure to Agent Orange and/or herbicides. CCK did this through a Freedom of Information Request. The document entitled MEMORANDUM FOR THE DEPARTMENT OF VETERANS AFFAIRS dated August 11, 2015 shows […]
- VA To Establish Presumptive Service Connection For Camp Lejeune Veterans (1953-1987)
VA has stated that they intend to establish presumptive service connection for eight diseases associated with contaminated water at Camp Lejeune between 1953 and 1987, including: Kidney Cancer Liver Cancer Non-Hodgkin Lymphoma Leukemia, Multiple Myeloma Scleroderma Parkinson’s Disease Aplastic Anemia Myelodysplastic Syndromes Officials from VA determined that the diseases or conditions were caused by exposure to contaminated water […]
- Harvard Law School Partners With Chisholm, Chisholm & Kilpatrick To Launch Veterans Legal Clinic
Boston, Massachusetts: The Providence, Rhode Island law firm of Chisholm Chisholm & Kilpatrick is partnering with Harvard Law School’s new Veterans Legal Clinic to help address the vast unmet legal needs of veterans. With a huge increase in recent years in the number of combat veterans, and an aging veteran population in declining health, the […]