veterans disability law firms Disability Law Explained

Veterans with disabilities typically struggle to navigate VA rules and bureaucracy especially when they are filing an appeal or filing a claim. An attorney can provide much-needed clarity to the process and decrease the risk of mistakes.

Title I of the ADA prohibits employers to discriminate against disabled people who are qualified in hiring, promotions in job assignments, benefits as well as other conditions of employment.

What is a disability?

The law defines disability as an impairment that severely limits a major life-related activity. It could be physical or Veterans Disability Law Firms mental, and can be either temporary or long-lasting. Disability can be visible as a missing limb, or invisible, like chronic pain or depression.

A veteran with a disability is entitled to certain benefits, including monthly monetary compensation. This compensation is based upon the percentage rating that the VA gives to veterans with a disabled. The ADA prohibits discrimination based on disability, and it also requires that employers offer reasonable accommodations to persons with disabilities. Employers are not able to ask applicants whether they have a disability unless they are voluntarily and in the case of affirmative actions.

What is a disability that is service-connected?

A service-connected impairment is a medical condition or illness that has been brought on or worsened through your military service. It is necessary to prove that your condition is related to service in order to be eligible for financial compensation.

In addition, in order to be eligible for benefits such as the Aid and Attendance program, your disability needs to be service-connected. These are programs that offer financial assistance for veterans who require help with everyday living activities like bathing, dressing eating, grooming, and eating.

It is also possible to establish a service connection by establishing presumptive connection for certain conditions, such as Agent Orange exposure and Gulf War illnesses. This requires a doctor's opinion showing that your present illness is likely caused by the exposure even if you did not 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 available if none of their ailments are related to their military service. They are referred to as non-service-connected pensions or veteran's pensions and are asset and income tested. Widows widowers and widowers who are disabled veterans disability law firm may also be eligible for payments due to the disability of their spouse.

Employers are not allowed to discriminate against applicants or employees with disabilities. It is illegal to exclude a person from consideration for employment because of his or her disability. Employers must make reasonable accommodations for people with disabilities so that they can perform the essential functions of a job. They are also known as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these be provided.

How do I determine what I am missing?

The law allows you to receive compensation if you have a disability that is connected to service. That is, an illness of the mind or body that is a result of your military service and has been assessed at 10 percent or more.

An attorney who is knowledgeable of the complexities of veterans disability law can make the process less stressful. They can help you determine whether or if you have an entitlement and guide you through the appeals process.

Current law prevents lawyers from charging for assistance with a disability claim however, they are able to charge a fee when they help you challenge a decision on your claim. This is one of the ways we work to help our clients obtain the benefits they're entitled to. Contact Fusco, Brandenstein & Rada to learn more.

How do I file a claim?

If you suffer from an injury, illness or condition that started in or was worsened through your military service, it is imperative to file a claim for disability benefits. In most cases, the VA will grant benefits starting from the date you file your claim.

It is important to submit all relevant evidence when filing an claim. This includes medical records from the providers of civilian health care services that are relevant to the conditions you have filed a claim for. 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 on the internet or via US mail that they have received your claim. The VA will then collect the evidence required to review your case, which could take months or Veterans Disability Law firms even years to complete.

How do I appeal a denial?

The first step of the appeals procedure is to gather medical evidence that proves the treatment in question is necessary for your condition. You can accomplish this by working with your healthcare team to gather medical research studies and letters from your health care providers, as well as any other information you need to support your claim.

An attorney for veterans can look over your case and determine the necessary steps to challenge a denied claim. This may include reviewing your C file to see if there is an opportunity to change the date effective on your award. It is important to be aware of the time limitations that apply to each level of the appellate procedure. These are outlined in your notice. A consultation with an experienced lawyer can expedite this process.

What is the role of an attorney?

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

A knowledgeable veterans disability attorney can assist a Veteran to file and successfully claim these benefits. The attorney will also examine a veteran's VA claims history to determine if there are any additional past-due benefits which could be reclaimed.

An experienced lawyer can assist a Veteran in the appeals process if their claim is denied by the local VA office or if their disability rating is not sufficient. The VA's regulations and rules are extensive and disabled veterans could benefit from having a competent lawyer on their side throughout the entire process.