Veterans Disability Law Explained

Veterans with disabilities typically struggle to navigate VA rules and bureaucracy, particularly when they file an appeal or filing a claim. An attorney can bring clarity to the process and reduce the risk of making mistakes.

Title I of the ADA prohibits employers from discriminating against people with disabilities when it comes to hiring, promotion in job assignments, training, benefits, and other conditions of employment, notwithstanding unreasonable hardship.

What is a disability?

The law defines a disability as a condition that limits a significant life-related activity. This can be physical or mental, and can be temporary or long-lasting. Disability can be apparent, such as a missing limb, or hidden such as depression or chronic pain.

An individual who is a veteran with a disability is entitled to certain benefits, including monthly financial compensation. The amount of compensation is determined by the percentage rating that the VA gives the veterans disability law firms with disability. The ADA prohibits discrimination based on disability, and it also requires that employers provide reasonable accommodation for qualified disabled individuals. 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, for affirmative action purposes.

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. In order to receive compensation, you must prove the condition you suffer from is service-connected.

Additionally, in order to get benefits like the Aid and Attendance program, your disability must be service connected. These are programs that offer financial aid to veterans who require assistance with daily living tasks such as dressing, bathing food preparation, grooming and eating.

It is also possible to establish a service connection through presumptive service connection for certain conditions, such as Agent Orange exposure and Gulf War illnesses. This requires a medical recommendation which states that your current illness is likely caused by the exposure even if you didn't have the disease when you quit the military.

What is a non-service-connected disability?

Many veterans don't realize there are disability benefits for those who have no of their disabling conditions are connected to their military service. These are known as non-service connected pensions or veteran's pensions and are asset and income tested. Widows and widowers of disabled veterans are also qualified to receive pensions based on their spouse's disability.

Employers cannot discriminate against applicants and employees who have disabilities. It is illegal to exclude a person from the consideration of employment because of his or her disability. Employers must make reasonable accommodations for employees who have disabilities to ensure they can carry out 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 if I have a disability?

The law gives you compensation if you are suffering from a service connected disability. That is, an illness of the mind or [Redirect-302] body which is related to your military service and has been classified as 10 percent or more.

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

Current law prevents lawyers from charging for assistance with an initial disability claim however, they are able to charge a fee when they assist you in challenging the validity of your claim. This is how we ensure that our clients receive all the benefits they are entitled to. For more information, please contact Fusco Brandenstein & Rada.

How do I file a claim?

If you are suffering from an injury, illness or ailment that started or was caused through your military service, it is important to file for disability compensation. In the majority of cases, VA will pay benefits starting from the date you file your claim.

It is essential to provide all evidence that is relevant when submitting claims. This includes medical documents from providers of civil health care services that are relevant to the conditions that you have filed a claim for. It is also important to submit copies of your discharge papers, and any other documents that relate to your military service.

Once you have submitted your claim, the VA will notify you via email or US mail that your claim was accepted. The VA will then gather the evidence required to review your claim, which could take months or even years to complete.

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 can support your claim. This can be done by working with your health care provider to collect medical research studies and letters from your healthcare providers and any other information you require to support your claim.

A veteran's disability attorney can review your case to determine the steps needed to contest a denial. This may involve reviewing your C file to determine whether there is a chance to change the date effective on your award. You should be aware of the deadlines that apply to each level of the appellate process. These are explained in your notice. An experienced lawyer can help accelerate the process.

What is the role of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given for injuries or illnesses that are caused by service or worsened while serving. Also, it will cover depression following service.

A skilled veterans disability attorney can assist a Veteran to file and get their claim approved for these benefits. He or she 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 attorney can also assist a Veteran through the appeals procedure if their claim is rejected by the local VA office or their disability rating isn't sufficient. The VA's rules and regulations are extensive and disabled veterans can benefit from having a experienced lawyer by their side throughout the entire process.