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New York VA Compensation for Disability Benefits

NY VA Compensation for Disability Benefits

This page will contain information for New York veterans trying to get VA compensation for their service connected disabilities. We will cover NY VA lawyers, how to appeal a denial of VA benefits at the different stages of the process and I will also explain how to apply for VA compensation benefits in New York. You will also find links to other websites and pages in this website that you will find helpful including a link with the address and phone number of VA medical facilities and a link to a page that will explain additional VA benefits that are available to NY veterans. 

NY VA Compensation Lawyer

Or Call at 1-877-527-5529.

NY VA lawyer for Disability Compensation

For years you could not hire a VA attorney to help you with your claim for VA compensation benefits in NY or any other state. Thankfully in June of 07 the law was changed. You can now hire a lawyer if you filed your notice of disagreement to the VA ratings decision after June 20, 2007. If you filed your notice of disagreement to your ratings decision before June 20, 2007 then you fall under the old rules which do not allow you to hire an attorney until you receive a final BVA decision. Most VA lawyers including myself charge 20% of past due benefits for their services. Some attorneys may charge slightly more. The next question you may have is how will a NY VA lawyer help you get the benefits you deserve. There are numerous ways in which an attorney can help with your VA compensation claim in New York and I will address some of the ways now. The first thing a lawyer can help you with is to determine why you are being denied your compensation benefits by the Veterans Administration. They will then come up with a plan as to how to strengthen your case to give you a better chance to win your disability claim. This may include getting additional medical evidence, a nexus letter from your doctor connecting your present disability to a medical condition or event in service, or even help finding missing evidence from your time in service such as your service medical records. Sometimes, the evidence is in your file but the VA misapplied the law to your case and a good VA attorney will be able to show the VA why they did not properly apply the law to the evidence. If the evidence that is needed is in the file or as soon as additional evidence to help your case is acquired the VA lawyer can then submit a theory of your VA disability based on the evidence and present it to the VA in the form of a legal brief. It is also very common that after your file has been reviewed by a lawyer they may find other potential claims that you did not make in your original application and you may be entitled to additional benefits you did not claim. A NY VA attorney can also check to see if any benefits you were granted were given the proper percentage and effective date. This is just some of the ways in which hiring a lawyer can be beneficial to your claim for VA compensation benefits in New York or any other state for that matter. 

How do I Appeal my Denial of VA Benefits in New York?

How you appeal your VA compensation denial in NY is the same as every other state and depends on where you are in the process. If you applied and received your first decision called a ratings decision or RD and you are denied or got less than you feel you deserve you file what is called a notice of disagreement or NOD. You have one year from the ratings decision to file your NOD. At this point, you can choose the traditional review process by filing a VA 9 form which takes your case to the BVA or you can request a decision review officer review also called a DRO. In most cases, I choose the DRO process since it should not slow down your case to the Board of Veterans Appeals but gives you another chance to win your claim before you get to the BVA. Whether you choose a DRO or traditional review process you will receive a statement of the case. This is also called and SOC and it will include the issues on appeal and laws that apply to your case. You can request a hearing at DRO or/and at the BVA. In New York your DRO hearing will be held at the New York regional office. Your BVA hearing can be held at the New York regional office by a traveling BVA judge or by video hearing from a BVA judge. You can also request a BVA hearing in Washington DC. This is only a short explanation of part of the process and how to appeal for more information about the entire process you can visit the VA website and my webpage on the VA compensation process. There is one more thing I want to mention and that is whether you are filing an appeal or sending in new evidence make sure to send it certified mail so you have proof that you have done so. 

When and How Can I Apply for VA Compensation Benefits in NY

You can apply for VA compensation benefits or VA pension benefits at any time. You can even reapply for benefits that you are denied many years ago if you submit new and material evidence to reopen your claim. In most cases your effective date will be the date you applied or reapplied or the date the VA determined you were disabled whichever is later. If you applied within one year of leaving service your effective date can also be the date you left service. If a prior claim was made it is sometimes possible to get an earlier effective date for your disability if you can show the VA made a clear and unmistakable error, this is called a CUE claim. CUE claims are particularly difficult claims to win so if you are attempting this type of claim it is advisable to seek the help of a lawyer to help you evaluate your chances and possibly help you with this type of claim. As I explained earlier, you cannot hire a lawyer until you file your NOD to your ratings decision, so you may be wondering how you apply for VA compensation benefits in New York? You can apply yourself at the below NY regional office or intake sites. You could also seek the help of a New York veterans service organization or NY veterans service officer. You can contact your VA Regional Office to find a New York veterans service officer. You will want to make sure you apply for all the medical conditions you feel you are service-connected for in your application so that when you get your ratings decision and you decide you want a NY VA disability lawyer to help you appeal it he or she will be able to help you with all of your claims. 

NY Regional Office Address and Phone Number

Below you will find the address and phone number of the New York Regional Offices and intake sites.  The RO in NY city is were NY veterans VA compensation claims are handled.  If you are not located near the NY city RO you can call them and they will give you information on how and were to apply. 

New York Regional Office
245 W Houston St.
New York, NY 10014
Phone: 800-827-1000
Fax: 212-807-4024

Intake site
Fort Drum Outbased Office/ Dept of VA
Fort Drum, NY

Buffalo Department of Veterans Affairs Regional Office
130 South Elmwood Avenue
Buffalo, NY  14202
Buffalo Regional Office is the processing center for Education claims

If you are looking for information on additional benefits for NY veterans follow the link.

If you are looking for a NY VA disability compensation lawyer to help you with your claim for benefits call us at 1-877-527-5529 we offer a free case evaluation. 

We have attempted to provide up to date and accurate information, however the information in this site is not guaranteed. No attorney client relationship exist. The information in this site is not a substitute for consultation with a qualified attorney.
©2007-2017 by Kazmierczak & Kazmierczak, LLP. All rights reserved.