Veterans Disability Law Explained

Many disabled veterans disability law firms have to navigate VA rules and bureaucracy when submitting an appeal or claim. An attorney can bring clarity to the process and reduce the chance of making mistakes.

Title I of the ADA prohibits employers from discriminating against disabled persons in hiring, advancement or job assignments, training, benefits, and other terms and conditions of employment, except for unreasonable hardship.

What is a disability?

The law defines disability as a condition that severely limits a major life activity. It can be mental or physical and it can be temporary or even permanent. The impairments can be obvious like a missing limb, or invisible like depression or chronic pain.

A disabled veteran is entitled to certain benefits, such as monthly monetary compensation. The amount of compensation is determined by the percentage rating that the VA assigns to the veterans disability. The ADA is a law that prohibits discrimination on the basis of disability and requires employers to make reasonable accommodations to people with disabilities. Employers aren't able to inquire about applicants if they have a disabilities except if it is voluntary and in the case of affirmative actions.

What is a disability service-connected?

A service-connected disability is an injury, veterans disability attorney medical condition or illness that was caused or aggravated through your military service. In order to receive compensation, you must prove the condition you suffer from is service-connected.

In addition, to receive benefits similar to the Aid and Attendance program, your disability has to be service-connected. These are programs that offer financial aid to veterans who require assistance with daily living tasks such as bathing, dressing eating, grooming and eating.

It is also possible to establish service connection through presumptive service connection for some conditions such as Agent Orange exposure and Gulf War diseases. This requires a doctor's opinion that your present health condition may be due to exposure even if it wasn't present when you left the military.

What is a non-service-connected disability?

Many veterans don't know that they are eligible for disability benefits if the conditions are not related to their military service. These are referred to as non-service connected pension or veteran's pension and are subject to asset and income tests. Widows and widowers of disabled veterans are also qualified to receive pensions due to the disability of their spouse.

Employers cannot discriminate against applicants and employees who are disabled. It is unlawful to disqualify an applicant from consideration because of their handicap. Rather, veterans disability attorney employers are obliged to provide reasonable accommodations so that employees who are disabled can perform the essential functions of a job. They are also referred to as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made available.

How do I know whether I'm disabled?

The law entitles you to compensation if you have a service connected disability. It is a mental or physical condition that is directly connected to your military service, and is considered to be 10 percent or more.

A veteran's disability lawyer who knows the intricacies can make the process more straightforward. They can help you determine whether or if you have a claim and guide you through the appeals procedure.

The law currently prohibits lawyers from charging for assistance in a disability claim, but they may charge a fee if they help you challenge a decision on your claim. This is among the ways we can help our clients obtain the benefits they deserve. Contact Fusco, Brandenstein & Rada to find out more.

How do I make 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 apply for disability compensation. In the majority of cases, VA will pay benefits starting from the date you file your claim.

When you file a claim it is essential to provide all evidence that is relevant including medical records from civil health professionals that are related to your claimed ailments. You should also provide copies of your discharge records, and any other documents relating to your military service.

After you've submitted your claim, the VA will notify you via email or US mail that your claim has been approved. The VA will gather evidence to evaluate your claim, which could take months or even years.

How do I appeal a denial?

The first step of the appeals process involves collecting medical evidence that proves the treatment you are seeking 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), medical research studies and any other information to support your claim.

An attorney for veterans can look over your case and determine the necessary steps to challenge a denied claim. You may also examine your C-file to determine whether you have the chance to alter the effective date. You should be aware of the time limits which apply to every level of the appellate process. They are listed in your notice. A consultation with an experienced lawyer can speed up this procedure.

What is the role of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is offered to those who suffer from injuries or conditions that are caused by military service or are exacerbated by serving. It also will cover depression following service.

A skilled veterans disability attorney can assist a Veteran in filing and get their claim approved for these benefits. They will also go through a Veteran's VA claims history to determine if there is other past-due benefits that can be reclaimed.

An experienced lawyer can assist a Veteran through the appeals process when their claim is rejected by the local VA office or their disability rating is not sufficient. Veterans who are disabled could benefit from an attorney's knowledge of the VA's vast rules and regulations.