Veterans Disability Law Explained

Many veterans who have disabilities have to navigate VA rules and bureaucracy in filing an appeal or making a claim. An attorney can provide much-needed clarity to the process and reduce the chance of errors.

Title I of the ADA prohibits employers from discriminating against people with disabilities when it comes to hiring, promotion and job assignments, as well as training, benefits and other terms and conditions of employment, absent undue hardship.

What is a disability?

The law defines disability as a condition that severely limits a major life-long activity. It can be either physical or mental. It could also be permanent or temporary. Disabilities may be visible, like a missing limb or invisible, like chronic pain or depression.

Veterans who are disabled are entitled to certain benefits like an annual monetary payment. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and it also requires employers to provide reasonable accommodation for qualified persons with disabilities. Generally, veterans Disability Attorney an employer 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 service-connected disability?

A service-connected disability is an injury, medical condition or illness that was caused or worsened through your military service. To receive compensation, you must prove that your condition is related to service.

In addition, to qualify for benefits such as the Aid and Attendance program, your disability needs to be service connected. These are programs that provide financial aid to veterans who require assistance with daily living tasks such as bathing, dressing food preparation, grooming and eating.

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

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits for those who have no of their medical conditions are related to their military service. These benefits are referred to as a non-service-connected pension or a veteran's benefit. They are based on income and assets. Widows and widowers who are disabled veterans might also be eligible for payments depending on the condition of their spouse.

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

What can I do to determine what I am missing?

If you suffer from a disability that is related to service, you are entitled to compensation. This is a mental or physical condition that is connected to your military service and has been evaluated at 10 percent or more.

A veteran's disability lawyer who knows the intricacies can make the process simpler. They can assist you in determining if you have a valid claim and assist you through the appeals process.

The law prohibits lawyers from charging fees to assist you with your initial disability claim. However, they are able to charge you the cost of helping you appeal a decision made on your claim. This is one of the ways we assist our clients obtain the benefits they deserve. For more information, contact Fusco Brandenstein & Rada.

How do I submit a claim?

If you are suffering from an illness, injury or illness that began or was caused by your military service, it is essential to file for disability compensation. In the majority of cases, VA will grant benefits starting when you file your claim.

When submitting a claim, it is critical to submit any evidence of relevance, including medical records from civil health providers that pertain to your claimed conditions. It is also important to submit copies of your discharge papers and any other documents that pertain to your military service.

Once you have submitted your claim the VA will notify you via email or via US mail that they have received your claim. The VA will then collect the evidence required to review your claim, which may take months or even years to complete.

How do I appeal a denial?

The first step of the appeals process is collecting medical evidence that proves the treatment in question is necessary for your condition. This can be done by working with your health care team to gather letters from your health care provider(s) or research studies on medical conditions and any other information that can support your claim.

A veteran's disability attorney will review your case to determine what steps are required to contest a denial. This could include looking back at your C file to determine whether there is an opportunity to change the date effective on your award. It is crucial to be aware of the time limits for each stage of the appeals procedure, which are laid out in your notice of disagreement. An experienced lawyer can help speed up the process.

What is the purpose of an attorney plays?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is awarded for injuries and other conditions that develop or are aggravated during service, and also for any post-service depression.

A skilled veterans disability attorney can help a Veteran file and win their claim for these benefits. He or she may also review the Veteran's VA claim information to determine if there are any past-due VA benefits that could be recovered.

A skilled attorney can help a Veteran through the appeals process in case their claim is rejected by the local VA office or if their disability rating isn't sufficient. The VA's regulations and rules are extensive and disabled veterans disability law firm can benefit from having an competent lawyer on their side throughout the entire process.