Veterans Disability Law Explained

Veterans with disabilities frequently have a difficult time navigating VA regulations and bureaucracy particularly when they file an appeal or a claim. An attorney can bring clarity in the process, and help reduce the chance of making mistakes.

Title I of the ADA prohibits employers from discriminating against disabled persons in hiring, advancement or job assignments, training, benefits, and other terms and conditions of employment, absent unreasonable hardship.

What is a disability?

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

A veteran with a disability is entitled to certain benefits, including monthly financial compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits disability discrimination and requires employers to provide reasonable accommodations for those with disabilities. Generally speaking, veterans disability attorney employers are not able to inquire from an applicant if 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 impairment is a medical condition or illness that has been caused or aggravated by your military service. In order to receive compensation, you must prove the condition you suffer from is service-connected.

Your disability must also be service-related in order to qualify for benefits such as the Aid and Attendance Program. These programs offer financial aid for veterans disability lawyers who require assistance with daily living tasks, like bathing, dressing and eating.

You can also establish a service connection by assuming that you have service in certain conditions, such as Agent Orange and Gulf War illnesses. This requires a medical recommendation showing that your present illness is likely caused by the exposure even if it was not the case that you didn't suffer from the disease at the time you left the military.

What is a non-service-connected disability?

Many veterans are unaware that there are disability benefits available to them if none of their disabling conditions are connected to their military service. These are referred to as non-service connected pensions or veteran's pensions and are income and asset tested. Widows widowers and widowers who are disabled veterans could also be eligible to receive payments based on the disability of their spouse.

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

How do I know what I am missing?

The law entitles you to compensation if you have a disability that is connected to service. This is a psychological or physical condition that is directly linked to your military service and is classified as 10% or more.

An attorney who is aware of the intricacies of veterans disability lawyer 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 process.

The law prohibits lawyers from charging fees to assist you with your initial disability claim. However, they are able to charge you a fee if they help you appeal a decision made on your claim. This is the way we work to ensure our clients get all the benefits they are entitled to. For more information, contact Fusco Brandenstein & Rada.

How do I file a claim?

If you are suffering from an illness, injury or condition that started in or was caused through your military service, it is essential to apply for disability compensation. In the majority of cases, the VA will grant benefits starting from the date you filed your claim.

It is important to provide all evidence that is relevant when submitting your claim. This includes medical records from providers of civilian health care services that are relevant to the conditions you have filed a claim for. Also, you should submit copies of your discharge documents, and any other documents related to your military service.

When you submit your claim after submitting your claim, the VA will notify you by email or US mail that your claim has been accepted. The VA will then gather the evidence required to review your case, which could take months or even years to complete.

How do I appeal a denial?

The first step in the appeals process involves collecting medical evidence to prove that the treatment is needed for your particular condition. This can be done by working with your health care team to obtain letters from your health care provider(s) or research studies in medical science and any other information to support your claim.

A lawyer for veterans' disability can review your claim to determine the steps needed to contest a denial. You can also look back at your C-file to determine if you have the option to alter the effective date. It is important to be aware of the time limitations that apply to each level of the appellate process. These are detailed in your notice. An experienced lawyer can help speed up the process.

What is the role an attorney plays?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is offered to those who suffer from injuries or conditions that are caused by serving, or aggravated by serving. Also, it provides for depression following service.

A skilled veterans disability attorney can help a Veteran file and successfully claim these benefits. The attorney 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 help a Veteran through the appeals process in case their claim is rejected by the local VA office or if their disability rating is not enough. A disabled veteran is able to benefit from a lawyer's knowledge of the VA's vast rules and regulations.