Veterans Disability Law Explained

Veterans with disabilities frequently encounter difficulties navigating VA regulations and bureaucracy especially when filing a claim or appealing. An attorney can bring clarity to the process and minimize the chance of errors.

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

What is a disability?

The law defines a disability as an impairment that significantly limits a major life-long activity. It can be mental or physical, and it could be temporary or long-lasting. Disability can be visible as a missing limb, or invisible, like depression or chronic pain.

Veterans who are disabled are entitled to certain benefits, including monthly monetary compensation. This compensation is based upon the percentage rating that the VA assigns to the veteran with a handicap. The ADA prohibits discrimination on the basis of disability, and requires that employers offer reasonable accommodations to people with disabilities. Employers are not allowed to ask applicants whether they have a disability except if it is voluntary and for affirmative actions.

What is a service-connected impairment?

A service-connected impairment is a medical condition or illness that was caused or worsened by your military service. It is necessary to prove your condition is related to your service in order to be eligible for financial compensation.

In addition, in order to qualify for benefits such as the Aid and Attendance program, your disability must be service-connected. These are programs that offer financial aid for veterans who require help in daily living activities such as bathing, dressing, eating and grooming.

It is also possible to establish a service connection by establishing presumptive connection for some conditions such as Agent Orange exposure and Gulf War diseases. This requires a medical diagnosis showing that your present illness is likely caused by 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 disability attorneys are unaware that they can receive disability benefits if the conditions are not related to their military service. They are referred to as non-service-connected pensions or veteran's pensions 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 with disabilities. It is unlawful to disqualify someone from consideration for employment because of their disability. Employers are required to make reasonable accommodations for those who have disabilities to ensure they can carry out the essential functions of their job. They are also known as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

How do I know whether I'm disabled?

If you are suffering from a condition that is service-related, you have the right to receive compensation. It is a physical or psychological condition that is directly related to your military service, and is rated at 10 percent or more.

An attorney who is knowledgeable of the complexities of veterans disability law can make the process less stressful. They can assist you in determining whether or not you are eligible for an entitlement and guide you through the appeals procedure.

Current law prevents lawyers from charging for assistance with 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 the way we work to ensure our clients get all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to find out more.

How do I make a claim?

If you are suffering from an illness, injury or illness that began or was caused by your military service it is important to file for disability compensation. In the majority of cases, VA will grant benefits starting from the date you filed your claim.

When submitting a claim, it is crucial to submit all evidence relevant to the claim, including medical records from civil health care providers that relate to your claimed conditions. You should also provide copies of your discharge records and any other documentation related to your military service.

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

How do I appeal a denial?

The first step of the appeals process involves collecting medical evidence that proves the treatment you're seeking is necessary for your condition. This can be accomplished by working with your health care team to get letters from your health care provider(s), research studies in medical science and any other information to support your claim.

A veteran's attorney will review your case and determine the steps needed to challenge a denied claim. This may include looking back at your C file to determine whether there's a possibility to alter the date of effective on your award. It is important to be aware of the time limits that apply to each level of the appellate procedure. These are explained in your notice. Getting the help of an experienced lawyer can expedite the procedure.

What is the purpose of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is granted for injuries and illnesses that occur or become worse during service, as well as for any post-service depression.

A skilled veterans disability attorney can assist a Veteran to file and get their claim approved for these benefits. The attorney will also go through a Veteran's VA claims history to determine if there are any additional past due benefits that may be recovered.

An experienced lawyer can assist a Veteran during the appeals process if their claim is rejected by the local VA office or if their disability rating isn't sufficient. The VA's rules and regulations are extensive and disabled veterans can benefit from having a skilled lawyer on their side throughout the entire process.