Denied VA Benefits? A New York Veteran Disability Attorney May Help You Appeal

4 min read time
Headshot of Nick Russo, a Manhattan-based car accident and auto injury lawyer at Morgan & Morgan Reviewed by Nick Russo, Trial Attorney at Morgan & Morgan, on July 29, 2025.
Veteran

Serving your country takes courage. But when the battle shifts to securing your rightful Veterans’ disability benefits, you shouldn’t have to fight alone. For many New York Veterans, dealing with the Department of Veterans Affairs (VA) is an uphill struggle, especially after a denied claim, confusing paperwork, or unclear eligibility rules.

At Morgan & Morgan, we represent Veterans across New York who are seeking disability benefits for service-related conditions. Whether you’re just beginning the process or facing delays and denials, we’re here to help you stand up for the compensation you’ve earned.

 

Navigating the VA Claims Process in New York

Filing a VA disability claim should be straightforward, but often, it’s anything but. Veterans must submit strong medical and service evidence, navigate complex rating criteria, and follow strict deadlines. One misstep can delay benefits for months or lead to an outright denial.

Unfortunately, initial denials are common. Even with valid claims, the VA may argue that your condition isn’t service-connected or that your disability rating is too low. In New York, the process can be especially frustrating due to backlogged systems and limited local support.

That’s where a skilled Veteran disability attorney can step in to challenge the decision and advocate on your behalf.

 

Types of VA Disability Claims We Handle in New York

Veterans come to us with a range of injuries and conditions. We handle cases involving:

  • Post-Traumatic Stress Disorder (PTSD)
  • Traumatic Brain Injury (TBI)
  • Exposure to Agent Orange or burn pits
  • Hearing loss and tinnitus
  • Chronic pain or musculoskeletal disorders
  • Mental health conditions related to service
  • Respiratory illnesses tied to toxic exposure
  • Conditions that existed before service but worsened while serving

We also work with families of deceased Veterans seeking survivor benefits or Dependency and Indemnity Compensation (DIC).

 

Understanding VA Disability Ratings and Back Pay

The VA assigns a percentage rating to each service-connected disability. This rating directly impacts the amount of monthly compensation you receive. Unfortunately, many Veterans are underrated; either because their documentation was insufficient or the VA reviewer didn’t fully understand their symptoms.

In cases where benefits were wrongfully delayed, Veterans may be eligible for back pay dating to their original application. Our attorneys can review your medical history, gather compelling evidence, and advocate for a more accurate rating that accurately reflects your full condition.

 

Appealing a Denied VA Disability Claim in New York

If your claim has been denied, you still have options. VA appeals must follow a specific structure:

  • File a Supplemental Claim with new evidence
  • Request a Higher-Level Review by a senior reviewer
  • Appeal to the Board of Veterans’ Appeals (BVA) for a hearing with a judge

Each step has different timelines, requirements, and risks. Depending on the appeal track, it can take anywhere from several months to over a year to receive a new decision. But with strong legal support, your chances of success and securing full backdated benefits can significantly improve.

 

How Morgan & Morgan Supports New York Veterans

Our legal team understands that a one-size-fits-all approach doesn’t work when it comes to Veterans’ claims. Each case is unique, and many involve layered issues like mental health diagnoses, multiple injuries, or worsening of pre-existing conditions due to service.

 

We assist by:

  • Reviewing your original application and denial letters
  • Gathering medical records, doctor opinions, and military service records
  • Connecting you with specialists for new evaluations
  • Preparing detailed evidence to strengthen your case
  • Representing you in hearings or appeals with the BVA
  • Pursuing additional benefits for surviving spouses and dependents

From the Bronx to Staten Island, we represent veterans throughout New York City, whether you live in the five boroughs or served at a military base in the area and now reside elsewhere.

 

The Cost of Hiring a Veteran Disability Lawyer

Veterans are often concerned about cost, but at Morgan & Morgan, we don’t charge any upfront fees. We only get paid if we win your case. This means there’s no risk to you in exploring your legal options. Our goal is to ensure you receive the benefits you've earned for your service, and we strive to maximize every claim.

 

Local Resources for Veterans in NYC

In addition to legal representation, we can help connect you to local resources, including:

While we’re not a substitute for medical or crisis support, our role is to help you navigate the benefits system and make sure your case is taken seriously by the VA.

 

Why Legal Help Makes a Difference

While it’s possible to file and appeal on your own, many Veterans feel overwhelmed by the process, especially if they’re dealing with trauma, mobility issues, or financial stress. Having an experienced attorney can make a measurable difference in both outcomes and peace of mind.

We know what kind of documentation persuades the VA. We know how to prepare for appeals. And we know how to push back when you’ve been unfairly rated or denied.

 

Let Morgan & Morgan Fight for Your Veterans’ Benefits

You served your country. Now it’s time for someone to serve you. At Morgan & Morgan, we fight for Veterans in New York who are tired of getting the runaround from the VA. We’ve helped thousands of individuals nationwide recover compensation for injuries, illnesses, and conditions tied to their service.

If you’ve been denied, underrated, or left waiting too long, contact us today for a free case evaluation. You don’t have to take on the system alone. Let us help you get the benefits and the respect you’ve earned.

Disclaimer
This website is meant for general information and not legal advice.

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