Schenectady Veterans' Benefits Lawyers

New York Military Service Injury Attorneys

Anyone who has served in the military, and was discharged from service under conditions other than dishonorable is eligible for veterans' benefits. If you enlisted with any branch of the military after September 7, 1980, you must serve or have served continuously for 24 months to be considered on "active duty" and to be eligible for benefits.

At Silverman Law, we help eligible veterans apply for benefits, such as disability, retirement, health care, vocational and educational services, and death benefits for dependents. To make an appointment with our Capital District veterans' benefits attorney, call 518-631-4521.

Do You Have Questions About Your Benefits?

If you are eligible for benefits from the Department of Veterans Affairs (VA), and you are disabled because of an injury incurred or aggravated during military service, you are eligible to collect benefits. Benefits are also available for the contraction or aggravation of a disease during military service. The amount and duration of your benefits depends on the seriousness of your injury or illness.

Some common issues that veterans face when applying for benefits include the following:

• Determining whether a veteran's injuries were sustained or aggravated as a result of military service
• Determining whether a veteran is entitled to receive certain benefits
• Determining the amount of benefits that a veteran is entitled to
• Procedure for challenging the denial of a veteran's claim for benefits
• Determining whether conduct by a veteran has resulted in a forfeiture of entitled benefits and services

If you have not been awarded the benefits you are entitled to, if your claim has been denied by the Board of Veterans Appeals (BVA), or is currently pending before the Court of Appeals for Veterans Claims, you may seek legal representation. A lawyer may be retained once a notice of disagreement is filed with a decision of a regional office or other VA agency of original jurisdiction. You no longer have to wait for a final decision from the BVA.

You gave your all. They should, too. For a free consultation, please call 518-631-4521 or contact us online.

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• What do I need to show to obtain Workers Compensation benefits?

  
  In order to obtain compensation benefits you need to document that you were an employee, that an accident occurred during the course of your employment (or you developed an "occupational disease" during the course of your employment), that you gave notice to your employer within 30 days of the accident and that you filed your claim for benefits within two years of the date of the accident. There are some exceptions to these requirements which should be discussed with your attorney in detail.

• If the administrative law judge directs the carrier to pay my medical bills and to pay me compensation benefits, and the carriers still objects, what happens?

  
  If a carrier believes that there are grounds for an appeal they may file such an appeal within 30 days to the Workers Compensation board. Pending the resolution of that appeal in most instances the carrier is not required to pay medical bills or make biweekly payments to the Claimant as directed by the administrative law judge.

• Am I required by law to have an attorney?

  
  No. But bear in mind that the insurance carrier is mandated by law to have an attorney or a licensed representative appear at every hearing. These attorneys and licensed representatives often have years of experience, have handled thousands of hearings and are well versed in representing the carrier's point of view. While there is no similar statute requiring the Claimant to be represented, we would highly recommend that they retain counsel. Silverman Law has decades of experience in representing Claimants.

• The carrier argues that my condition was pre-existing. I don't think that it was but even so I never had these symptoms. What should I do?

  
  This question of a pre-existing asymptomatic (unnoticed) condition which is made symptomatic by a work-related accident has been decided by both the Appellate Division of the Supreme Court of New York State and the New York State Court of Appeals.

• Can I collect both Workers Compensation and the Social Security Disability benefits at the same time?

  
  Yes. If you qualify you may indeed collect both Workers Compensation and Social Security Disability benefits. While Workers Compensation is not reduced because of Social Security Disability payments, your Social Security Disability payments may indeed be reduced because of your Workers Compensation benefits.

Silverman, Silverman & Seligman, P.C.
527 State St.
Schenectady NY 12305
Phone: 518-631-4521
Toll Free: 877-851-4319
Fax: 518-374-4338