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New York VA Disability Lawyer

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Our experienced VA disability attorneys at Stone Rose Law can help New York veterans by providing free assistance in preparing, filing, and tracking your initial or supplemental VA benefits claim. We can also help you determine which New York disabled veterans benefits you can claim in addition to any VA disability benefits you receive.

Call us today at (480) 498-8998 to discuss your VA benefits claims.

VA Disability Benefits Available to Veterans in New York

Veterans who have service-related injuries that they sustained or made worse during their service are eligible for healthcare and monthly compensation benefits as part of the VA disability program.

Even if you receive a 0% VA disability rating with no monthly compensation payment, you are still eligible for other valuable veterans’ services. These include medical benefits, VA educational benefits, mental health counseling, and even VA home loan eligibility.

VA Facilities in New York

The VA maintains an extensive network of medical centers, outpatient clinics, community-based outpatient clinics, and veterans centers in New York. For a listing of these facilities, you can find VA New York locations here

How to File a VA Disability Claim in New York

The quickest and easiest way to apply for VA benefits is to apply online. You can also submit your completed application to your local VA Regional Office by mail, fax, or in person. In New York, there are regional offices in New York City and Buffalo.

Regardless of which filing option you choose, you must prove three things to receive disability compensation: 

  • You qualify as an eligible veteran
  • You have a current disability
  • Your current disability service-related

Are You an Eligible Veteran?

To qualify as a veteran eligible to receive VA benefits, your active duty service must fall within a time period that the VA recognizes. You can usually establish this through your military service records, including your DD Form 214.

If you’ve received a dishonorable discharge or an other-than-honorable discharge, it may be better to first see if you can work with an experienced VA benefits attorney to improve your discharge by making an appeal to the VA.

Do You Have a Disability?

The VA defines a disability as a current physical or mental illness or impairment that your active duty military service either caused or made worse. You may be eligible for compensation from the VA if your service-related disability makes you less than 100% able-bodied, which can be proved with medical records.  

Is Your Disability Service Connected?

The VA decides whether you have a service-connected disability on a case-by-case basis. Your service medical records and any records of post-service medical treatment you have received will be part of the claims evidence the VA will consider.

Although some medical conditions, known as presumed disabilities, do not require you to prove a connection to military service, most still require you to prove a service connection.

The VA rejects many disability claims because they lack sufficient evidence to create a service connection. One of our VA disability attorneys for New York veterans at Stone Rose Law can help you gather all the documents and other support you need to clear this potential obstacle to your benefits claim approval. 

Other Ways to Meet the Service Connection Requirement

What follows are some specific medical conditions the VA will consider in addition to disabilities that arose directly because of a service-connected disabling event.

Latent Conditions

A latent condition is one you had when you entered military service but has not yet become disabling. If your latent condition becomes worse after you leave the service, the VA will decide whether something happened to you while serving to aggravate it. 

Secondary Source Conditions

Another way you can receive a service-connected disability is if it comes from a separate disability that itself is service-connected. 

For example, your doctor might diagnose you as having post-traumatic stress disorder (PTSD) based on a traumatic event you experienced while in service. If your PTSD treatment includes drugs that have a side effect of contributing to significant weight gain, this additional weight could eventually cause you to be diagnosed later on with Type 2 Diabetes. 

These events make it possible to trace a secondary service connection by showing that the PTSD treatment caused your diabetes.

Non-Service-Connected Disabling Events

The VA will deny your claim if your injury, illness, or disabling condition results from doing something unrelated to a service-connected condition. 

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What are the VA Disability Ratings?

If the VA approves your initial or additional disability compensation claim, it will assign you a VA disability rating. Your rating will range from 0% (non-compensable) to 100% for totally disabled veterans. 

Factors that go into deciding your disability rating include whether you have multiple disabilities (most veteran claims for benefits are for more than one) and the severity of each disability. 

The VA uses a formula to determine your combined disability rating if you have more than one disability. More complex than a simple combination of two separate ratings, the VA calculations use a collection of tables in a process some call “VA Math” to arrive at a final combined figure.

One of our Stone Rose Law VA lawyers can help you understand and show the extent and degree of your disability to achieve the amount of disability compensation you need. Our VA Disability Calculator can help you estimate how much you may receive in monthly disability payments if you have multiple disabilities.

Monthly Disability Compensation for New York Veterans in 2025

How much you can receive in monthly disability benefits compensation depends on your single or combined disability rating. The higher your overall disability rating, the more you can receive.

For 2025, the disability rating compensation for an individual veteran is as follows:

Your Combined VA Disability RatingWhat You Can Expect to Receive in 2025
10%$175.51
20%$346.95
30%$537.42
40%$774.16
50%$1,102.04
60%$1,395.93
70%$1,759.19
80%$2,044.89
90%$2,297.96
100%$3,831.30

These monthly payments increase for disabled veterans with dependents. 

Additional Monthly Compensation for Qualifying Dependents 

If you have one or more dependents, and your combined disability rating is at least 30%, then you can qualify for additional monthly compensation depending on how many qualifying dependents you have.

A qualifying dependent can include:

  • Your spouse
  • Your dependent parent or parents
  • Your children who are under the age of 18
  • Your children between the ages of 18 and 23 who are still in a course of study

Additional Special Monthly Compensation for Qualifying Disabled Veterans

Special monthly compensation (SMC) is available if you are a disabled veteran whose service-connected disability is severe enough that you need more than what a 100% disability rating provides.

SMC is available depending on criteria including specific disabilities like the loss of a limb or creative organ, whether you need aid and attendance from someone else, if you are completely and permanently housebound, or if you have suffered a traumatic brain injury and need regular aid and attendance as a result. 

Except for SMC category K, SMC benefits replace the monthly compensation benefit you would otherwise receive.

The VA rates SMC benefits through the letters K, L, M, N, O, P, R, S, and T.

  • The L, M, and N categories also have an additional “½” rating.
  • The R and S levels each have two numbered subcategories (R-1 and R-2 and S-1 and S-2). 

Here are the 2025 SMC compensation amounts.

Your SMC CategoryYour 2025 SMC Monthly BenefitNotes
K$136.06Paid in addition to your 100% monthly disability compensation
L$4,767.34
L-½ $5,013.79
M$5,261.24
M-½ $5,622.75
N$5,985.06
N-½ $6,337.11
O and P$6,689.22No difference in pay between these two categories
R-1$9,559.22
R-2 and T$10,964.66No difference in pay between these two categories
S$4,288.45

Dependency and Indemnity Compensation for 2025

If you are a qualifying surviving dependent of a veteran whose death was caused by that person’s military service, then you may be eligible for dependency and indemnity compensation, or DIC. 

The base DIC monthly compensation amount for 2025 is $1,653.06. This amount can increase based on factors like whether the deceased veteran was totally disabled, whether a surviving spouse requires aid and attendance services or is housebound because of a disability, and whether a surviving spouse has children under age 18.

Special Circumstance Benefits 

There are multiple special VA veteran benefits you might be eligible for.

For example, if you cannot find or keep substantially gainful employment, you may be able to receive additional VA benefits, like total disability, based on individual unemployability. 

You might also receive compensation for costs if you need hospital or convalescent care, or need assistance with paying for transportation and clothing. 

A Stone Rose Law New York veterans disability attorney can help you learn which may apply to your needs.

New York State Veterans Benefits

In addition to the VA’s veterans benefits, the state of New York also offers veterans’ benefits.

Note that the state benefits below are not all the New York benefits you can claim; we only cover those that apply to disabled veterans.

An experienced New York veterans disability benefits lawyer can help you determine which state veterans benefits you may be eligible to receive.

The New York State Department of Veterans’ Services offers the following benefits for disabled veterans:

  • Exemption from registration fees and vehicle license plate fees.
  • E-Z Pass free, unlimited travel on the Thruway.
  • The Blind Annuity Program is for state resident veterans who are legally blind and served on active duty during specific wartime periods or received an expeditionary medal during certain conflicts.
  • The New York State Veterans with Disabilities Employment Program reserves 500 entry-level government positions for qualifying wartime veterans with disabilities. Disabled veterans receive 5 or 10-point preferences in state employment promotion exams.
  • Veterans with a service-connected disability rating of 40% or more are eligible to receive reduced-fee hunting and fishing licenses and free vehicle entry to state parks, day use areas, historic sites, boat launch sites, arboretums, park preserves, and State Park golf courses and pools through the Lifetime Liberty Pass.
  • Disabled veterans are eligible to receive a reduction of their homes’ assessed values for property taxes in addition to the reduction that veterans generally are entitled to. The extra percentage reduction for disabled veterans is equal to half of the veteran’s VA disability rating.
  • Children of veterans who have a disability rating of 40% or more are eligible to receive up to $450 per year in college education support. Children of veterans who are permanently and totally disabled can apply for the Military Enhanced Recognition Incentive and Tribute (MERIT) college scholarship.

Prepare Your VA Disability Benefits Claim With a Stone Rose VA Disability Lawyer

At Stone Rose Law, our VA disability lawyers for New York veterans systematically approach your specific VA claim. After consultation with an accredited VA disability benefits attorney and your permission, our attorneys will obtain a copy of your VA claims file.

Because our attorneys have access to the same systems the VA uses to maintain claims files, we can get your claims file quickly.

Once we access your claims file, we review everything in it. This means checking all your service treatment records, your VA records, any previous claims for benefits, and any rating decisions.

We thoroughly scour your records to look for the following:

  • Any improper claim denials
  • Any instances of under-rating by the VA
  • Any claims the VA may have missed
  • Any potential new claims you may have
  • Any issues ripe for appeal

After reviewing your file and creating a plan for your initial claim, we discuss our findings and recommendations with you.

If you have never applied for VA benefits, we will assist you at no cost in preparing and filing a claim. We will also monitor your claim, assist you with preparing for C&P examinations, and advise you of any VA decisions as part of this free service.

If you are denied VA benefits or believe your VA rating decision awarded you insufficient benefits, we can also help you fight for your benefits through a compelling appeal of the initial VA decision.

Schedule a free case evaluation with a New York veterans VA disability lawyer at (480) 498-8998 or contact us online.