Veterans Disability Law Explained

Veterans with disabilities frequently have a difficult time navigating VA rules and bureaucracy, especially when filing an appeal or a claim. An attorney can help minimize the chance of making mistakes and give clarity to the process.

Title I of the ADA prohibits employers to discriminate against qualified individuals with disabilities, in hiring, advancements in job assignments, benefits and training as well as other terms of employment.

What is a disability?

The law defines disability as an impairment that substantially limits a major life activity. This could be mental or physical and can be temporary or long-lasting. Disability can be visible as a missing limb, or invisible, such as depression or chronic pain.

Veterans with disabilities can enjoy certain benefits including a monthly monetary compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and requires employers to offer reasonable accommodations to individuals with disabilities. Employers cannot ask an applicant whether they have a disability unless they are voluntarily and for affirmative action.

What is a disability service-connected?

A service-connected disability is a medical condition, injury or illness that was aggravated or caused through your military service. In order to receive compensation, you must prove that your condition is related to service.

Additionally, in order to qualify for benefits such as the Aid and Attendance program, your disability must be service connected. These programs provide financial assistance for veterans who require assistance with daily living activities, such as dressing, bathing and eating.

It is also possible to establish a service connection through presumptive service connections for some conditions such as Agent Orange exposure and Gulf War illnesses. This requires a medical recommendation of the doctor that shows your problem is likely due to the exposure, even if you didn't suffer from the disease at the time you quit the military.

What is a non-service-connected disability?

Many veterans don't realize there are disability benefits that are available even if none of their disabling conditions are connected to their military service. They are referred to as non-service-connected pensions or veteran's pensions and are subject to asset and income tests. Widows widowers and widowers who are disabled veterans may also be eligible to receive payments depending on the condition of their spouse.

Employers should not discriminate against applicants or employees who have disabilities. It is illegal to bar an applicant from consideration because of their disability. Employers must make reasonable accommodations for employees with disabilities so they can carry out the essential functions of their job. These are sometimes referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.

How do I know if I am disabled?

The law entitles you to compensation if there is a disability that is connected to service. That is, a mental or physical condition that is a result of your military service and has been classified as 10 percent or more.

A veteran's disability lawyer who is familiar with the intricacies can make the process easier. They can assist you in determining whether or not you qualify for an entitlement and help you through the appeals procedure.

Current law prohibits lawyers from charging for assistance with a disability claim However, they may charge a fee if they help you challenge the outcome of your claim. This is among the ways we work to help our clients obtain the benefits they deserve. To learn more, contact Fusco Brandenstein & Rada.

How do I make a claim?

If you're suffering from an injury, illness or condition that started in or was worsened through your military service, veterans disability attorney it is crucial to file for disability compensation. In the majority of cases, VA benefits will begin to be paid out from the date you file your claim.

It is important to submit all evidence relevant to the filing of your claim. This includes medical records from the providers of civilian health care that relate to the conditions you have filed a claim for. You should also provide copies of your discharge papers and any other documents related to your military service.

After you submit your claim, the VA will inform you via email or US mail that your claim has been accepted. The VA will collect evidence to evaluate your claim, which could take months or years.

How do I appeal a denial?

The first step in the appeals process involves collecting medical evidence that proves that the treatment is required for your condition. This can be accomplished by working with your health care provider to obtain letters from your health care provider(s) and medical research studies, and any other information that supports your claim.

An attorney for veterans with disabilities can review your case and determine what steps you must take to contest a denial. This could include looking back at your C file to see whether there is an opportunity to change the effective date on your award. It is important to be aware of the deadlines which apply to every level of the appellate procedure. These are outlined in your notice. An experienced lawyer can help accelerate the process.

What is the role of an attorney?

The Department of veterans disability attorney Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and conditions that occur or are exacerbated during service, as well as for post-service depressions.

A skilled veterans disability attorney can assist a Veteran to file and win their claim for these benefits. They can also review a Veteran's VA claims history to determine if there is additional past-due benefits which could be reclaimed.

A skilled attorney can assist a Veteran during the appeals procedure if their claim is rejected by the local VA office or their disability rating is not sufficient. The VA's regulations and rules are extensive and disabled veterans could benefit from having a skilled lawyer on their side throughout the entire process.