Veterans Disability Law Explained

Veterans with disabilities typically have a difficult time navigating VA rules and bureaucracy especially when filing a claim or appealing. An attorney can reduce the chances of making a mistake and help provide clarity in the process.

Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities in hiring, promotion and job assignments, as well as training, benefits, and other terms and conditions of employment, notwithstanding unreasonable hardship.

What is a disability?

The law defines disability as an impairment that limits a significant life-long activity. It can be mental or physical. It can also be temporary or permanent. It is possible for disabilities to be obvious for instance, a missing limb or limb, but also invisible like depression or chronic pain.

Veterans with disabilities are entitled to certain benefits including the monthly payment of monetary compensation. 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 that employers provide reasonable accommodation for qualified people with disabilities. Generally speaking, employers are not able to inquire about an applicant's disability unless they have a disability unless the information is requested on a voluntary basis to serve affirmative actions.

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. It is imperative to prove your medical condition is service-connected to be eligible for monetary compensation.

Additionally, in order to qualify for benefits such as the Aid and Attendance program, your disability must be service-connected. These programs provide financial assistance to veterans who need help with daily activities such as dressing, bathing and eating.

You can also establish a service connection by presuming service connection in certain conditions, like Agent Orange and Gulf War diseases. It requires a doctor's assessment that your present condition could be caused by exposure, even if the condition was not present at the time you left the service.

What is a non-service-connected disability?

Many veterans disability lawyers don't know that they can qualify for disability benefits if their conditions aren't related to their military service. They are referred to as non-service-connected pensions or veteran's pensions and are based on income and assets. Widows and widowers of disabled veterans are eligible to receive payments in accordance with the condition of their spouse's disability.

Employers should not discriminate against applicants or employees with disabilities. It is unlawful to exclude an applicant from consideration due to their handicap. Employers must make reasonable accommodations to people who have disabilities to ensure they can complete the essential duties of their job. They are also referred to as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.

How can I tell what I am missing?

The law provides you with compensation if there is an impairment that is related to your service. It is a physical or psychological condition that is directly connected to your military service, and is classified as 10% or more.

An attorney who is knowledgeable of the complexities of veterans disability law can simplify the process. They can assist you in determining whether you have a valid claim and guide you through the appeals process.

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

How do I make a claim?

It is essential to apply for disability compensation in the event that you suffer from an injury, illness or illness that began or was aggravated during your military service. In most cases, the VA will award benefits beginning when you file your claim.

When you file a claim it is crucial to submit all evidence that is relevant, including medical records from civilian health providers that pertain to your claimed conditions. Also, you should submit copies of your discharge papers, and any other documents related to your military service.

After you submit your claim, the VA will inform you via email or US mail that your claim has been received. The VA will then collect the evidence necessary to evaluate your case, which can take months or even years to complete.

How do I appeal a denial?

The first step of the appeals process involves collecting medical evidence that proves that the treatment in question is needed for your particular condition. This can be done by working with your healthcare team to collect letters and medical research studies from your medical professionals and any other information that you need to support your claim.

A veteran's attorney will review your case and determine the appropriate steps to contest a denied claim. This can include reviewing your C file to see if there is an opportunity to change the date effective on your award. It is essential to be aware of the time limits for each stage of the appeals process, that are detailed in your notice of disagreement. An experienced lawyer can speed up the process.

What is the function of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is given for injuries or illnesses caused by service, or exacerbated while serving. It also will cover depression following service.

A skilled veterans disability attorney can help a Veteran file and successfully claim these benefits. They will also examine a veteran's VA claims history to determine if there are any other past-due benefits that can be recovered.

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