Veterans Disability Law Explained

Many disabled veterans have difficulty navigating VA rules and bureaucracy in filing an appeal or making a claim. An attorney can bring clarity to the process and decrease the risk of mistakes.

Title I of ADA prohibits employers to discriminate against disabled persons who are qualified in hiring, advancements and job assignments, benefits, training, and other conditions of employment.

What is a disability?

The law defines a disability as an impairment that substantially limits a major life-related activity. It can be either physical or mental. It could also be permanent or temporary. Disability can be visible such as a missing limb or invisible, such as depression or chronic pain.

Veterans with disabilities are entitled to certain benefits including an annual monetary payment. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability and requires employers to provide reasonable accommodations for people with disabilities. Employers cannot ask an applicant whether they have a disability unless it is voluntary and in the case of affirmative actions.

What is a service-connected impairment?

A service-connected disability is an injury, medical condition or illness that was caused or worsened by your military service. It is imperative to prove that your condition is related to service to receive financial compensation.

Your impairment must also be a result of a service in order to qualify for benefits like the Aid and Attendance Program. These are programs that offer financial aid for veterans who require assistance with daily living tasks such as dressing, bathing eating, grooming and eating.

You can also establish service connection by assuming that you have service in certain conditions, such as Agent Orange and Gulf War diseases. This requires a doctor's opinion showing that your current health condition is likely to be due to the exposure, even if you didn't suffer from the disease at the time you quit the military.

What is a non-service-connected disability?

Many veterans do not know that they are eligible for disability benefits if their conditions aren't related to their military service. These benefits are referred to as a non-service-connected pension, or veteran's benefits and are dependent on assets and income. Widows and widowers who are disabled veterans could also be eligible for payments based on the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is unlawful to disqualify individuals from consideration for employment due to their disability. Employers are legally required to offer reasonable accommodations to ensure that people who are disabled can perform the essential duties of a job. They are also known as "reasonable adjustments." These modifications are required by the Americans with Disabilities Act and VA regulations.

How do I know whether I'm disabled?

If you are suffering from a condition that is service-related, you are entitled to compensation. That is, a physical or mental condition that is connected to your military service and is evaluated at 10 percent or more.

A lawyer who is familiar with the intricacies of the law governing veterans disability can help make the process less stressful. They can help you determine whether or not you are eligible for an entitlement and help you through the appeals procedure.

The law prohibits lawyers from charging fees for assistance in the initial stages of a disability claim. However, they can charge you the cost of helping you appeal a decision on your claim. This is how we can help our clients to receive all benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I file a claim?

If you're suffering from an injury, illness or condition that was triggered or was caused by your military service, it is imperative to file for disability compensation. In the majority of cases, the VA will pay benefits starting from the date you file your claim.

It is important to provide all relevant evidence when filing an claim. This includes medical documents from providers of civil health care that are related to the conditions you have claimed. Also, you should submit copies of your discharge papers and any other documentation related 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 gather evidence to review your claim, which could 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) as well as medical research studies and any other information that can support your claim. You can do this by working with your healthcare team to gather medical research studies and letters from your medical professionals, as well as any other evidence you need to support your claim.

An attorney for veterans with disabilities will review your case to determine the necessary steps to contest a denial. This may involve looking back at your C file to determine whether there is a chance to alter the date of effective on your award. Be aware of time limits which apply to every level of the appellate process. These are detailed in your notice. A skilled lawyer can accelerate the process.

What is the purpose of an attorney?

The Department of veterans disability lawyer Affairs provides tax-free benefits for disability compensation. This compensation is given to injuries and other conditions that develop or are aggravated during service, as well as for post-service depressions.

A skilled veterans disability attorney can assist a Veteran to file and get their claim approved for these benefits. He or she may also look over the Veteran's VA claim background to determine if there are any outstanding VA benefits that could be reclaimed.

An experienced lawyer can assist a Veteran through 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 expertise throughout the VA's extensive rules and regulations.