Veterans Disability Law Explained

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

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

What is a disability?

The law defines disability as a significant impairment that limits a major daily activity. It could be physical or mental. It can also be temporary or permanent. Disabilities may be visible, like a missing limb or invisible, like depression or chronic pain.

An individual who is a veteran with a disability is entitled to certain benefits, including monthly cash compensation. The amount of compensation is determined by the percentage rating that the VA gives to veterans with a disabled. The ADA is a law that prohibits discrimination on the basis of disability and requires employers to provide reasonable accommodations for people with disabilities. Employers aren't able to inquire about applicants if they have a disabilities unless they are voluntarily and in the case of affirmative actions.

What is a condition that is connected to a service?

A service-connected disability is a medical condition, injury or illness that was caused or made worse through your military service. It is imperative to prove your condition is service connected to be eligible for monetary compensation.

In addition, in order to be eligible for benefits such as the Aid and Attendance program, your disability must be service-connected. These programs provide financial assistance to veterans disability lawsuits who require help with daily living tasks, like bathing, dressing and eating.

It is also possible to establish a service connection by establishing presumptive connection for some ailments like Agent Orange exposure and Gulf War illnesses. This requires a medical diagnosis of the doctor that shows your health condition is likely to be due to the exposure even if you did not have the disease when you quit the military.

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits available to them if none of their disabilities are connected to their military service. These are referred to as non-service connected pensions or veteran's pensions and are based on income and assets. Widows and widowers who are disabled veterans may be eligible for these payments depending on the condition of their spouse.

Employers cannot discriminate against applicants and employees with disabilities. It is unlawful to exclude individuals from consideration for employment due to their handicap. Employers are required to provide reasonable accommodations for those with disabilities so they can be able to perform the essential functions of a job. These are sometimes referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell if I am disabled?

The law provides you with compensation if you suffer from a disability that is connected to service. This is a mental or physical issue that is directly related to your military service and is rated at 10% or more.

A veteran's disability lawyer that is knowledgeable of the intricacies of the process much easier. They can assist you in determining whether or veterans disability attorney not you have an entitlement and help you through the appeals process.

Current law prohibits lawyers from charging fees to assist in a disability claim however, they can charge a fee when they help you challenge the validity of your claim. This is among the ways we help our clients get the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I submit a claim?

If you're suffering from an illness, injury or condition that was triggered or was aggravated by your military service, it is important to file a claim for disability compensation. In the majority of cases, VA benefits will begin to be paid after the date of your claim.

It is crucial to provide all evidence that is relevant when submitting an claim. This includes medical documents from providers of civil health care that relate to the condition you've filed a claim for. You should also submit copies your discharge documents and any other documents that pertain 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 collect evidence to evaluate your claim, which can take months or even years.

How do I appeal a denial?

This is accomplished by working with your health care team to gather letters from your health care provider(s), medical research studies, and any other information that supports your claim. This can be done by working with your health care provider to collect letters and medical research studies from your healthcare providers, as well as any other information that 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 could include reviewing your C file to see if there is an opportunity to change the effective date on your award. You must be aware of the time limitations that apply to all levels of the appellate process. These are explained in your notice. Getting the help of an experienced lawyer can speed up this procedure.

What is the purpose of an attorney?

The Department of veterans disability law firm Affairs provides tax-free benefits for disability compensation. The benefits are provided for conditions or injuries that result from military service or are exacerbated by serving. Also, it helps with depression after service.

A knowledgeable veterans disability attorney can help a Veteran file and successfully claim these benefits. They can also review a Veteran's VA claims history to determine if there is additional past due benefits that may be recovered.

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