veterans disability law firm Disability Law Explained

Veterans with disabilities typically have a difficult time navigating VA regulations and bureaucracy especially when filing a claim or appealing. An attorney can reduce the chances of making a mistake and help make the process more clear.

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

What is a disability?

The law defines a disability as a condition that significantly limits a major life activity. This could be mental or physical and it can be temporary or even permanent. Disability can be visible 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 financial compensation. The amount of compensation is determined by the percentage rating that the VA gives the veterans with handicap. The ADA is a law that prohibits discrimination on the basis of disability and requires employers to provide reasonable accommodations to people with disabilities. Generally, an employer cannot inquire about whether an applicant have a disability unless the information is requested on a voluntary basis, for affirmative action reasons.

What is a disability service-connected?

A service-connected impairment is a medical condition or illness that was caused or worsened by your military service. To receive compensation, you must prove that your condition is service-connected.

In addition, in order to be eligible for benefits such as the Aid and Attendance program, your disability needs to be service connected. These programs provide financial assistance to veterans disability lawsuits who need help with daily activities such as bathing, dressing and eating.

It is also possible to establish service connection by establishing presumptive connection for certain conditions, such as Agent Orange exposure and Gulf War diseases. This requires a doctor's opinion that your current condition may be due to exposure, even if the condition was not present when you left the service.

What is a non-service-connected disability?

Many veterans don't realize there are disability benefits available to them if none of their ailments are connected to their military service. These are known as non-service connected pension or veteran's pension, and are asset and income tested. Widows and widowers of disabled veterans are qualified to receive pensions based on their spouse's disability.

Employers must not discriminate against applicants or employees with disabilities. It is unlawful to exclude a person from consideration for employment based on their disability. Employers must make reasonable accommodations for people who have disabilities to ensure they can be able to perform the essential functions of a job. They are also referred to as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these be provided.

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

The law gives you compensation if you are suffering from an impairment that is related to your service. This is a physical or psychological condition that is directly related to your military service, and is classified as 10% or more.

A veteran's disability lawyer who knows the intricacies can make the process easier. They can assist you in determining whether or not you are eligible for an entitlement and help you through the appeals process.

The law prohibits lawyers from charging a fee for initial assistance with a disability claim. However, they can charge you fees if they help you appeal a decision on your claim. This is one of the ways we assist our clients obtain the benefits they're entitled to. For more information, please contact Fusco Brandenstein & Rada.

How do I file a claim?

If you suffer from an illness, injury or condition that was triggered or was caused through your military service, it is crucial to apply for disability compensation. In the majority of instances, VA benefits will begin to be paid out from the date you file your claim.

When you file a claim it is imperative to provide any evidence of relevance including medical records from civilian health care providers that are relevant to the conditions you claim. You should also provide copies of your discharge documents and any other documents related to your military service.

When you submit your claim After you have submitted your claim, the VA will notify you by email or US mail that your claim has been accepted. The VA will gather evidence to review your claim, which could take months or years.

How do I appeal a denial?

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

A veteran's attorney will review your case and determine the steps required to contest a denied claim. This could include reviewing your C file to determine whether there is an opportunity to alter the date effective on your award. It is vital to be aware of the time limits for each level of the appeals process, which are laid out in your notice of disagreement. A knowledgeable lawyer can help accelerate the process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is offered to those who suffer from injuries or conditions that are caused by service or worsened while serving. It also covers depression after service.

A skilled veterans disability attorney can help a Veteran file and be successful in claiming these benefits. They can also review a Veteran's VA claims history to determine if there are additional past due benefits that may be reclaimed.

A veteran can appeal if a local VA office rejects their claim or the disability rating is not adequate. The VA's rules and regulations are extensive and disabled veterans can benefit from having a knowledgeable lawyer by their side throughout the entire process.