Veterans Disability Law Explained

Many veterans who have disabilities struggle to navigate VA rules and bureaucracy in filing a claim or appeal. An attorney can minimize the chance of making a mistake and help give clarity to the process.

Title I of the ADA prohibits employers from discriminating against disabled individuals in hiring, advancement in job assignments, training, benefits and other terms and conditions of employment, notwithstanding undue hardship.

What is a disability?

The law defines disability as a condition that substantially limits a major veterans disability attorney life-long activity. It can be physical or mental, and can be temporary or long-lasting. The impairments can be obvious for instance, a missing limb or limb, but also invisible such as depression or Veterans Disability Attorney chronic pain.

Veterans with disabilities are entitled to certain benefits, such as monthly monetary compensation. This compensation is based on the percentage rating that the VA assigns to the veterans handicap. The ADA prohibits discrimination based on disability and requires employers to make reasonable accommodations for individuals with disabilities. Employers aren't able to inquire about applicants whether they have a disability unless it is voluntary and in the case of affirmative actions.

What is a disability that is service-connected?

A service-connected disability is a medical condition, injury or illness that was caused or aggravated by your military service. It is imperative to prove that your condition is related to your service in order to receive monetary compensation.

In addition, in order to qualify for benefits such as the Aid and Attendance program, your disability has to be service-connected. These programs provide financial assistance for veterans disability lawyers who require assistance with daily activities like bathing, dressing and eating.

It is also possible to establish service connection through presumptive connections to service for certain ailments, like Agent Orange exposure and Gulf War diseases. It requires a doctor's assessment that your current 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 are unaware that there are disability benefits that are available even if none of their ailments are connected to their military service. These are referred to as non-service connected pension or veteran's pension, and are based on income and assets. Widows widowers and widowers who are disabled veterans could be eligible for these payments based on the disability of their spouse.

Employers cannot discriminate against applicants or employees with disabilities. It is illegal to exclude people from consideration for employment because of their disability. Rather, employers are obliged to provide reasonable accommodations to ensure that people with disabilities can perform the essential duties of their job. These are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

How can I tell whether I'm a disabled person?

If you are suffering from a condition that is related to your service, you have the right to receive compensation. This is a physical or psychological issue that is directly related to your military service and is rated at 10% or more.

A veteran's disability lawyer who understands the intricacies of the process easier. They can assist you in determining whether or if you have an entitlement and guide you through the appeals procedure.

The law currently prohibits lawyers from charging for assistance in the initial claim for disability however, they can charge a fee if they help you challenge a decision on your claim. This is one of the ways we assist our clients receive the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I make a claim?

If you suffer from an illness, injury or illness that began or was worsened by your military service it is essential to file a claim for disability benefits. In the majority of cases, the VA will pay benefits starting when you file your claim.

It is important to provide all relevant evidence when filing your claim. This includes medical records from providers of civilian health care, which are relevant to the conditions that you have claimed. You should also provide copies of your discharge documents, and any other documents related to your military service.

After you've submitted your claim the VA will notify you via email or by US mail that they received your claim. The VA will then collect the evidence necessary to evaluate your case, which could take months or even years to complete.

How do I appeal a denial?

The first step in the appeals procedure is to gather medical evidence that proves the treatment you're seeking is essential to your condition. This can be done by working with your health care team to get letters from your health care provider(s) and medical research studies, and any other information to support your claim.

A veteran's lawyer can review your case and determine the steps required to challenge a denied claim. You could also check your C-file to determine whether you have the opportunity to alter the effective date. It is vital to be aware of the time limitations for each stage of the appeals process, which are laid out in your notice of disagreement. A knowledgeable lawyer can help to speed up the process.

What is the function of an attorney plays?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is provided for injuries or illnesses caused by serving, or aggravated by serving. Also, it helps with depression after service.

A skilled veterans disability attorney can assist a Veteran to file and win their claim for these benefits. The attorney will also go through a Veteran's VA claims history to determine if there are other past-due benefits that can be recovered.

An experienced attorney can also assist a Veteran during the appeals process in case 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.