Veterans Disability Law Explained

Veterans with disabilities frequently have difficulty navigating VA rules and bureaucracy, especially when they are filing a claim or appealing. An attorney can bring clarity to the process and decrease the risk of mistakes.

Title I of the ADA prohibits employers from discriminating against qualified people with disabilities when it comes to hiring, advancement or job assignments, training, benefits, and other conditions of employment, absent unreasonable hardship.

What is a disability?

The law defines disability as a significant impairment that hinders an important daily activity. It could be mental or physical. It could be permanent or temporary. Disabilities can be obvious, such as a missing limb, or obscure such as depression, or chronic pain.

Veterans with disabilities are entitled to certain benefits including monthly monetary compensation. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination on the basis of disability, and it also requires employers to provide reasonable accommodations for persons with disabilities. Generally speaking, employers cannot ask an applicant whether they have a disability unless the information is requested on a voluntary basis to serve affirmative action reasons.

What is a disability that's service-connected?

A service-connected disability is a medical condition, injury or illness that was caused or made worse by your military service. To be eligible for compensation, one must prove the condition you suffer from is service-connected.

Your impairment must also be a result of a service in order to be eligible for benefits such as the Aid and Attendance Program. These programs provide financial assistance for veterans who require assistance with daily living activities, such as bathing, dressing and eating.

It is also possible to establish service connection through presumptive connections to service for some conditions such as Agent Orange exposure and Gulf War illnesses. This requires a medical diagnosis showing that your current health condition is likely to be due to the exposure even if it was not the case that you didn't have the disease when you quit the military.

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits for those who have no of their ailments are related to their military service. These benefits are known as a non-service-connected pension or a veteran's benefit. They are dependent on assets and income. Widows and widowers of disabled north vernon veterans disability law firm are also qualified to receive pensions dependent on the disability of their spouse.

Employers must not discriminate against applicants or employees with disabilities. It is illegal to disqualify an individual from consideration for employment based on his or her disability. Employers are required to make reasonable accommodations for people who have disabilities to ensure they can be able to perform the essential duties of their job. These are sometimes referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell what I am missing?

If you have a disability that is service-related, you are entitled to compensation. That is, a mental or physical condition that is a result of your military service and has been evaluated at 10 percent or more.

A veteran's disability lawyer who understands the intricacies of the process easier. They can help you determine if you have a valid claim and guide you throughout the appeals process.

Current law prohibits lawyers from charging fees for assistance with an initial disability claim however, they are able to charge a fee if they assist you in challenging a decision on your claim. This is the way we work to ensure our clients get all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada for more information.

How do I file a claim?

If you're suffering from an illness, injury or condition that started in or was aggravated by your military service it is crucial to file a claim for disability compensation. In the majority of cases, VA will provide benefits starting on the day you filed your claim.

When submitting a claim, it is imperative to provide all evidence relevant to the claim, including medical records from your civilian health professionals that are related to the conditions you claim. You should also provide copies of your discharge records and veterans disability any other documents related to your military service.

After you've submitted your claim the VA will notify you online or via US mail that they have received your claim. The VA will then collect the evidence needed to review your claim, which may take months or even years to complete.

How do I appeal a denial?

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

An attorney for firm veterans with disabilities can review your claim to determine the necessary steps to contest a denial. You can also look back at your C-file and determine if you have the option to alter the effective date. Be aware of the time limitations that apply to each level of the appellate process. These are outlined in your notice. In the event of a dispute, consulting an experienced lawyer can speed up the process.

What is the function of an attorney?

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

A knowledgeable veterans disability attorney can help a Veteran file and get their claim approved for these benefits. They will also go through a Veteran's VA claims history to determine if there is additional past-due benefits that could be recovered.

A skilled attorney can assist a Veteran during the appeals process in case their claim is denied by the local VA office or their disability rating is not adequate. A veteran who is disabled could benefit from an attorney's knowledge of the VA's extensive rules and regulations.