Types of VA Disability Claims Our Lawyers Handle
The transition from military to civilian life is often complicated by physical and psychological scars. Whether you are filing an initial claim or fighting a years-long appeal, our New York VA disability attorneys provide a tactical approach to every case.
We assist veterans across all branches with conditions including:
- PTSD and Mental Health: Service-connected PTSD, MST, anxiety, and depression.
- Toxic Exposures: PACT Act, Agent Orange, and contaminated water claims like Camp Lejeune.
- Traumatic Brain Injuries (TBI): Cognitive and physical impairments from head trauma.
- Orthopedic and Degenerative Injuries: Back, neck, and joint conditions from service duties.
- Hearing and Respiratory Conditions: Tinnitus, hearing loss, sleep apnea, and burn pit-related illnesses.
- Presumptive and Secondary Conditions: Automatic service connection for qualifying eras and related secondary injuries.
- TDIU (Total Disability based on Individual Unemployability): For veterans unable to maintain substantial employment.
Our VA disability lawyers provide cohesive strategies, often working alongside our SSD lawyers in New York to coordinate both claims, ensuring your financial security is fully protected.
Trusted VA Disability Lawyers in New York
The VA is famous for red tape; we’re famous for cutting through it. Our New York VA disability attorneys treat your claim like a mission, hunting down every piece of evidence to ensure your rating actually matches your reality. Our firm is built on aggressive advocacy and a refusal to accept “no” as the final answer when the evidence says otherwise.
Precise VA Claim Management
We handle every detail to strengthen your claim, from clear medical evidence to impactful buddy statements and accurate filings.
Aggressive Appeals Advocacy
If your claim is denied or undervalued, we pursue every available review, including Higher-Level Reviews and hearings before the Board of Veterans’ Appeals.
Hands-On Client Support
We guide you through every step, answering questions, coordinating documents, and providing direct support.
We Have a No-Fee Guarantee
You never pay us upfront. We only get paid if we win for you, so our success is directly tied to yours.
Free Case Evaluation
Speak with a lawyer at no cost. We’ll review your situation, explain your options, and help you understand the best path forward.
You’re More than a Case
We treat every client like family, taking the time to understand your story and guide you through every step with care and compassion.
VA Disability Benefits and Compensation for New York Veterans
The VA disability system is designed to provide “indemnity” for the average loss of earning capacity. However, if you don’t know what to ask for, the VA likely won’t volunteer it. We work to secure:
- Monthly Compensation: Payments based on your combined disability rating.
- Retroactive Back Pay: Lump-sum payments dating to your effective claim date.
- Special Monthly Compensation (SMC): Additional support for severe disabilities or the need for daily aid and attendance.
- TDIU Payments: Full 100% compensation for veterans unable to maintain gainful employment despite a lower combined rating.
- Dependent Benefits: Extra allowances for spouses, children, or dependent parents.
- Secondary Condition Ratings: Compensation for disabilities caused or worsened by a service-connected injury.
A veterans disability attorney in New York can monitor your medical records and claim milestones to ensure your VA rating reflects your current condition, maximizing the benefits you are legally entitled to.
"We fight for our clients as if they were family—taking cases to trial when necessary to ensure they receive the justice and financial recovery they deserve."
How a Veterans Disability Attorney Will Help Your Claim
Even with the VA’s duty to assist, many claims fall short without strategic guidance. A New York VA disability attorney helps by:
✓ Gathering Evidence: Securing service records, medical documentation, and Nexus letters to prove your case.
✓ Spotting Errors: Identifying Clear and Unmistakable Errors (CUE) in past VA decisions for potential back pay.
✓ Appeals Strategy: Choosing the fastest path—Supplemental Claim, Higher-Level Review, or Board of Veterans’ Appeals (BVA).
✓ Managing Deadlines: Ensuring all VA timelines are met so no appeal window is missed.
✓ Handling Communication: Navigating VA correspondence and bureaucracy so you don’t have to.
With a VA disability lawyer on your side, your claim is fully documented, deadlines are protected, and your chances of securing maximum benefits improve.
What Disabilities Qualify for VA Benefits in New York?
To receive VA disability benefits, a veteran must meet three key legal requirements: a current medical diagnosis, proof of an in-service event or injury, and a medical nexus connecting the two. Our New York attorneys help establish these connections through:
- Direct Service Connection: Showing an injury or illness occurred during active duty.
- Aggravation of Pre-Existing Conditions: Demonstrating that military service worsened a prior condition.
- Presumptive Service Connection: Using laws like the PACT Act to assume certain illnesses are service-related, easing the burden of proof.
- Secondary Service Connection: Linking new conditions to an already service-connected disability.
- Claims Under 38 U.S.C. § 1151: Pursuing benefits for injuries caused by VA medical care or vocational rehabilitation.
Every claim is unique, and even conditions that seem unrelated to service may qualify with the right evidence. A skilled New York VA disability lawyer can review your medical history, gather necessary documentation, and ensure your claim reflects the full extent of your service-related disabilities.`
Deadlines for VA Disability Claims and Appeals
You can file an initial VA claim at any time, but your effective date, which determines back pay, usually begins when you submit your intent to file.
To file a VA disability claim appeal under the Appeals Modernization Act (AMA), you generally have one year from your decision letter to:
- Submit a Supplemental Claim with new evidence
- Request a Higher-Level Review to correct errors in your record
- File a Notice of Disagreement to go before the Board of Veterans’ Appeals
Missing this one-year window can result in losing your effective date and the associated back pay. Acting early with a New York VA disability attorney ensures your deadlines are met and your benefits are fully protected.
Frequently Asked Questions
Our New York VA disability lawyers answer common questions to help you understand benefits, claims, and appeals.
How do I know if I qualify for VA disability benefits in New York?
If you served on active duty, active duty for training, or inactive duty for training and have a current illness or injury caused or worsened by your military service, you may qualify. A New York VA disability lawyer can confirm eligibility and help maximize your VA disability claim.
Can I appeal a denied VA disability claim in New York?
Yes. Claim denials are common. You can file a Supplemental Claim, request a Higher-Level Review, or appeal to the Board of Veterans’ Appeals (BVA). Our New York VA disability attorneys guide veterans through the appeal process to improve approval chances.
How does the VA determine my disability rating?
The VA uses the Schedule for Rating Disabilities, assigning a percentage based on symptoms, mobility, and flare-ups. Working with a VA disability lawyer ensures your C&P exams, medical evidence, and private records reflect the full impact of your service-connected conditions.
How much does it cost to hire a VA disability lawyer?
At Hiller Comerford Injury & Disability Law, our New York VA disability lawyers work on a contingency basis. You pay nothing upfront, and our fee comes only from any retroactive back pay we help you secure.
How long does it take to receive VA disability benefits in New York?
Initial claims typically take several months. Appeals can take a year or more depending on the review lane. A New York VA disability lawyer can prepare complete evidence and supporting documentation to speed the approval process.









