Veterans Disability Law Explained

Veterans with disabilities usually encounter difficulties navigating VA rules and bureaucracy, especially when they have to file an appeal or filing a claim. An attorney can help minimize the chance of making a mistake and help provide clarity in the process.

Title I of ADA prohibits employers to discriminate against qualified individuals with disabilities when it comes to hiring, advancements in job assignments, benefits, training and other conditions of employment.

What is a disability?

The law defines disability as an impairment that severely limits a major life activity. It can be either mental or physical. It could be permanent or temporary. Disabilities can be obvious such as a missing limb, or invisible such as depression, or chronic pain.

A veteran with a disability is entitled to certain benefits, including monthly money-based compensation. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination on the basis of disability, and requires employers to provide reasonable accommodation for qualified disabled individuals. Employers aren't able to inquire about applicants if they have a disabilities unless they are voluntarily or for affirmative measures.

What is a condition that is service-connected?

A service-connected impairment is a medical condition or illness that has been brought on or worsened through your military service. It is essential to prove that your medical condition is service-connected to be eligible for monetary compensation.

In addition, in order to receive benefits similar to the Aid and Attendance program, your disability has to be service connected. These are programs that provide financial assistance to veterans who require help with daily activities such as dressing, bathing food preparation, grooming and eating.

It is also possible to establish a 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 may be caused by exposure, even if the condition was not present when you left the military.

What is a non-service-connected disability?

Many veterans don't know that they can qualify for disability benefits if their conditions aren't connected to their military service. These benefits are known as non-service connected pension or veteran's benefit, and are dependent on assets and income. Widows and widowers of disabled veterans are also eligible to receive payments due to the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is illegal to bar a person from being considered for employment due to his or her disability. Rather, employers are required to provide reasonable accommodations so that people with disabilities can carry out the essential tasks of their job. They are also known as "reasonable adjustments." These modifications are required by the Americans with Disabilities Act and VA regulations.

How do I determine whether I'm disabled?

The law gives you compensation if you have a service connected disability. This is an illness or condition that is related to your military service and has been rated at 10 percent or more.

An attorney who is aware of the complexities of veterans disability law can make the process less stressful. They can assist you in determining whether or not you have an entitlement and help 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 on your claim. This is one of the ways we assist our clients obtain the benefits they are entitled to. Contact Fusco, Brandenstein & Rada for more information.

How do I make a claim?

If you suffer from an injury, illness or condition that was triggered or was aggravated through your military service, it is imperative to apply for disability compensation. In the majority of cases, the VA will grant benefits starting when you file your claim.

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

Once you have 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 can 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 claim to determine what steps are required to contest a denial. You can also look back at your C-file to determine whether you have the option to alter the effective date. You must be aware of the time limits applicable to each stage of the appellate process. These are detailed in your notice. A consultation with an experienced lawyer can expedite this process.

What is the function of an attorney plays?

The Department of veterans disability lawyer Affairs offers tax-free disability compensation benefits. This compensation is offered for conditions or injuries that result from service, or exacerbated while serving. Also, it provides for depression following service.

A skilled veterans disability attorney can assist a Veteran to file and successfully claim these benefits. They can review the Veteran's VA claim history to determine whether there are any past-due VA benefits that can be reclaimed.

A skilled attorney can assist a Veteran in the appeals procedure if their claim is denied by the local VA office or their disability rating is not sufficient. A disabled veteran can benefit from a lawyer's knowledge of the VA's vast rules and regulations.