Veterans Disability Law Explained

Veterans with disabilities often encounter difficulties navigating VA rules and bureaucracy particularly when they file an appeal or filing a claim. An attorney can bring clarity to the process and decrease the risk of making mistakes.

Title I of the ADA prohibits employers from discriminating against qualified people with disabilities when it comes to hiring, advancement and job assignments, as well as training, benefits and other conditions of employment, except for undue hardship.

What is a disability?

The law defines disability as a significant impairment that restricts a major activity of daily living. It could be mental or physical. It could also be permanent or temporary. Disability can be visible such as a missing limb or invisible, such as depression or chronic pain.

An individual who is a disabled veteran is entitled to certain benefits, such as monthly monetary compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination against disabled people and requires employers to make reasonable accommodations for people with disabilities. Generally speaking, employers cannot inquire from an applicant if they are disabled unless the information is requested on a purely voluntary basis for affirmative action reasons.

What is a disability service-connected?

A service-connected impairment is a medical condition or illness that has been caused or exacerbated by your military service. To be eligible for compensation, one must prove that your condition is service-connected.

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 offer financial aid for veterans disability attorney who require help with daily activities such as dressing, bathing eating, grooming and eating.

You can also establish service connection by presuming service connection in certain conditions, such as Agent Orange and Gulf War diseases. This requires a medical recommendation showing that your current condition is likely due to the exposure even if it was not the case that you didn't have the disease when 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 related to their military service. These are called non-service connected pension or veteran's pension, and are based on income and assets. Widows and widowers who are disabled veterans may also be eligible for benefits based on the disability of their spouse.

Employers cannot discriminate against applicants and employees who are disabled. It is illegal to bar people from consideration for employment due to their disability. Employers are instead legally required to offer reasonable accommodations to ensure that those with disabilities can carry out the essential tasks of their job. They are also referred to as "reasonable adjustments." These modifications are required by the Americans with Disabilities Act and VA regulations.

How do I know if I am disabled?

If you suffer from a disability which is service-related, then you are entitled to compensation. This is a physical or psychological condition that is directly related to your military service and is rated at 10% or more.

An attorney who is knowledgeable of the intricacies of veterans disability law can help make the process less stressful. They can help you determine whether you have a valid claim and guide you through the appeals process.

Current law prohibits lawyers from charging fees to assist in a disability claim however, they are able to charge a fee if they assist you in challenging the decision made on your claim. This is one of the ways we can help our clients get all the benefits they deserve. To find out more, contact Fusco Brandenstein & Rada.

How do I make a claim?

If you suffer from an injury, illness or condition that started in or was worsened by your military service it is important to file for disability compensation. In the majority cases, the VA will pay benefits starting when you file your claim.

It is crucial to provide all evidence that is relevant when submitting an claim. This includes medical records from the providers of civilian health care, which are relevant to the condition you've filed a claim for. You should also submit copies your discharge records and any other documents related to your military service.

After you've submitted your claim the VA will notify you online or via US mail that they received your claim. The VA will then collect the evidence required to review your case, which could take months or even years to complete.

How do I appeal a denial?

This is done by working with your health care team to get letters from your health care provider(s) and medical research studies and any other information that supports your claim. You can do this by working with your healthcare team to collect letters and medical research studies from your medical professionals and any other information you require to support your claim.

A veteran's lawyer can review your case and determine the necessary steps to challenge a denied claim. You could also check your C-file to determine if you have the opportunity to alter your award's effective date. It is vital to be aware of the deadlines for each stage of appeals, that are detailed in your notice of disagreement. An experienced lawyer can help to speed up the process.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and illnesses that occur or become worse during service, and also for any post-service depression.

A skilled veterans disability attorney can assist a Veteran in filing and successfully claim these benefits. They will also examine a veteran's VA claims history to determine if there are any additional past-due benefits which could be reclaimed.

A skilled attorney can assist a Veteran in the appeals process in case their claim is rejected by the local VA office or their disability rating is not adequate. The VA's rules and regulations are extensive and disabled veterans will benefit from having a experienced lawyer by their side throughout the entire process.