veterans disability law firm Disability Law Explained

Veterans with disabilities often encounter difficulties navigating VA rules and bureaucracy particularly when they file an appeal or a claim. An attorney can help to minimize the risk of making mistakes and make the process more clear.

Title I of the ADA prohibits employers to discriminate against disabled persons who are qualified when it comes to hiring, advancements in 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 activity. It can be mental or physical, and it can be temporary or even permanent. Disabilities may be visible, like a missing limb, or invisible, like chronic pain or depression.

A veteran with a disability is entitled to certain benefits, including monthly financial 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 it also requires employers to offer reasonable accommodations to persons with disabilities. In general, employers cannot inquire about an applicant's disability unless they have a disability unless the information is requested on a purely voluntary basis for affirmative actions.

What is a condition that is service-connected?

A service-connected impairment is an illness or medical condition that was caused or exacerbated by your military service. It is essential to prove that your medical condition is service-connected in order to receive monetary compensation.

Your condition must also be related to your service in order to qualify for benefits like the Aid and Attendance Program. These programs offer financial aid to veterans who need help with daily activities like bathing, dressing and eating.

You can also establish a service connection by presuming service connection in certain conditions, like Agent Orange and Gulf War illnesses. This requires a medical recommendation 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 left the military.

What is a non-service-connected disability?

Many veterans are unaware of the disability benefits available if none of their disabilities are connected to their military service. These benefits are known as non-service-connected pension or veteran's benefit, and are based on income and assets. Widows and widowers of disabled veterans are also entitled to receive benefits in accordance with the condition of their spouse's disability.

Employers are not allowed to discriminate against applicants or employees with disabilities. It is unlawful to exclude people from consideration for employment because of their disability. Employers are legally required to offer reasonable accommodations so that employees who are disabled can perform the essential duties of a job. These are sometimes referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell whether I'm disabled?

If you suffer from a handicap that is service-related, you can claim compensation. It is a mental or physical issue that is directly related to your military service and is classified as 10% or more.

Having an attorney who understands the complexities of veterans disability law can make the process easier. They can help you determine whether or not you are eligible for a claim and help guide you through the appeals procedure.

The law prohibits lawyers from charging a fee for assistance in the initial stages of a disability claim. However, they are able to charge you fees if they help you appeal a decision made on your claim. This is among the ways we assist our clients get the benefits they're entitled to. To find out more, contact Fusco Brandenstein & Rada.

How do I make a claim?

It is important to apply for disability compensation if you have an injury, illness or ailment that began or was aggravated during your military service. In most cases, VA benefits will begin to be paid on the date of your claim.

It is crucial to provide all evidence relevant to the filing of an claim. This includes medical records from the providers of civilian health care, which are relevant to the conditions you have filed a claim for. You should also provide copies of your discharge records and any other documents relating to your military service.

After you've 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 review your claim, which could take months or years.

How do I appeal a denial?

The first step in the appeals process involves collecting medical evidence that proves the treatment you're seeking is essential to your condition. This can be accomplished by working with your health care provider to gather letters from your health care provider(s) as well as research studies on medical conditions and any other evidence that supports your claim.

An attorney for veterans can look over your case and determine the steps required to contest a claim that has been denied. You could also check your C-file and determine if you are able to change your award's effective date. You should be aware of the deadlines that apply to all levels of the appellate procedure. These are explained in your notice. An experienced lawyer can speed up 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 for injuries or conditions that are caused by serving, or aggravated by serving. It also will cover depression following service.

A skilled veterans disability attorney can assist a Veteran in filing and get their claim approved for 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.

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