Veterans Disability Law Explained

Many veterans who have disabilities struggle to navigate VA rules and bureaucracy when filing a claim or appeal. An attorney can provide much-needed clarity to the process and minimize the chance of errors.

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

What is a disability?

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

Veterans who are disabled are entitled to certain benefits, including the monthly payment of monetary 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 accommodations for people with disabilities. In general, employers cannot ask an applicant whether they are disabled unless the information is requested on a voluntary basis for affirmative action reasons.

What is a disability that is service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or aggravated by your military service. It is important to prove your condition is related to your service to be eligible for monetary compensation.

Your disability must also be related to service in order to be eligible for benefits like the Aid and Attendance Program. These are programs that provide financial assistance to veterans disability law firm who require assistance with daily living tasks like bathing, dressing food preparation, grooming and eating.

You can also establish a service connection by assuming service connection in certain conditions, like Agent Orange and Gulf War diseases. This requires a physician's opinion that your present condition could be due to exposure, even if it was not present at the time you left the service.

What is a non-service-connected disability?

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

Employers should not discriminate against applicants and employees with disabilities. It is illegal to exclude an applicant from consideration due to their handicap. Employers are instead legally required to offer reasonable accommodations to ensure that people with disabilities can fulfill the essential tasks of a job. They are also referred to as "reasonable adjustments." These modifications are required by the Americans with Disabilities Act and VA regulations.

What can I do to determine whether I'm disabled?

If you have a disability which is service-related, then you can claim compensation. It is a psychological or physical condition that is directly related to your military service and is classified as 10% or more.

A veteran's disability lawyer that is knowledgeable of the intricacies can make the process much easier. They can help you determine whether or if you have a claim and help guide you through the appeals process.

The law prohibits lawyers from charging a fee for assistance in the initial stages of a disability claim. However, they can charge you an amount if they assist you appeal a decision on your claim. This is how we ensure that our clients receive all the benefits they are entitled to. For more information, contact Fusco Brandenstein & Rada.

How do I make a claim?

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

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

After you have 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 years.

How do I appeal a denial?

This is done by working with your health care team to collect letters from your health care provider(s), medical research studies, as well as any other information that can support your claim. This can be done by working with your health care provider to obtain letters from your health care provider(s) as well as medical research studies and any other information that supports your claim.

An attorney for veterans with disabilities can review your case and determine what steps are required to contest the denial. You can also review your C-file and determine if you are able to change your award's effective date. It is essential to be aware of the deadlines for each level of the appeals process which are laid out in your notice of disagreement. In the event of a dispute, consulting an experienced lawyer can speed up the appeals process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. The benefits are awarded to injuries and conditions that occur or worsen during service, as well as for any post-service depression.

A skilled attorney for veterans can assist a Veteran in filing and be successful in claiming these benefits. He or she will also go through a Veteran's VA claims history to determine if there are any additional past-due benefits that could be reclaimed.

An experienced attorney can also help a Veteran through the appeals process if their claim is denied by the local VA office or their disability rating is not sufficient. The VA's rules and regulations are extensive and disabled veterans can benefit from having an knowledgeable lawyer by their side throughout the entire process.