Veterans Disability Law Explained

Veterans with disabilities usually have difficulty navigating VA rules and bureaucracy especially when they have to file an appeal or filing a claim. An attorney can bring clarity to the process and minimize the risk of mistakes.

Title I of the ADA prohibits employers to discriminate against qualified individuals with disabilities when it comes to hiring, advancements in job assignments, benefits, training and other conditions of employment.

What is a disability?

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

Veterans with disabilities can enjoy certain benefits, including a monthly monetary compensation. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and requires that employers offer reasonable accommodations to persons with disabilities. In general, employers cannot inquire about whether an applicant have a disability, unless the information is requested on a voluntary basis to serve affirmative action reasons.

What is a service-connected disability?

A service-connected impairment is an illness or medical condition that has been caused or aggravated by your military service. To receive compensation, you must prove that your condition is related to service.

Additionally, in order to be eligible for benefits such as the Aid and Attendance program, your disability must be service-connected. These are programs that offer financial aid to veterans who require help with daily living tasks such as bathing, dressing eating, grooming, and eating.

It is also possible to establish service connection by establishing presumptive connection for some ailments like Agent Orange exposure and Gulf War illnesses. It requires a doctor's assessment that your present condition could be due to exposure even if the condition was not present when you left the service.

What is a non-service-connected disability?

Many veterans disability attorney do not realize that there are disability benefits available if none of their disabilities are connected to their military service. These benefits are known as non-service connected pension or veteran's benefit and are dependent on assets and income. Widows widowers and widowers who are disabled veterans may also be eligible for benefits based on the disability of their spouse.

Employers should not discriminate against applicants or employees with disabilities. It is illegal to exclude an individual from consideration for employment because of the disability. Employers are required to make reasonable accommodations for those with disabilities so they can complete the essential tasks of a job. These are sometimes known as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made available.

How can I tell if I am disabled?

The law entitles you to compensation if you have an impairment that is related to your service. This is a physical or psychological issue that is directly related to your military service and is considered to be 10 percent or more.

An attorney who is knowledgeable of the complexities of veterans disability law can help make the process less stressful. They can help you determine whether you have a valid claim and help you navigate the appeals process.

Current law prevents lawyers from charging fees for assistance with an initial disability claim however, they can charge a fee when they help you challenge the outcome of your claim. This is among the ways we help our clients get the benefits they're entitled to. Contact Fusco, Brandenstein & Rada to find out more.

How do I make a claim?

It is crucial to apply for disability compensation if you suffer from an injury, veterans disability attorney illness, or ailment that began or aggravated during your military service. In most instances, VA benefits will begin to be paid from the date you file your claim.

When filing a claim it is essential to provide all relevant evidence, including medical records from civilian health care providers that are relevant to your claim. You should also submit copies your discharge records and any other documents relating to your military service.

After submitting your claim, the VA will notify you online or by US mail that they have received your claim. The VA will collect evidence to review your claim, which could take months or years.

How do I appeal a denial?

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

An attorney for veterans disability attorney with disabilities can review your case and determine the steps needed to contest the denial. You can also review your C-file to see if you are able to change your award's effective date. It is vital to be aware of the time limits for each level of the appeals process, which are outlined in your notice of disagreement. The assistance of an experienced lawyer can expedite the appeals procedure.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and illnesses that occur or are aggravated during service, and also for any post-service depression.

A skilled veterans disability attorney can help a Veteran file and get their claim approved for these benefits. They can also review a Veteran's VA claims history to determine if there are any additional past due benefits that may be reclaimed.

A veteran can appeal if the local VA office denies their claim, or if the disability rating is not adequate. Veterans who are disabled could benefit from an attorney's experience in the VA's many rules and regulations.