Veterans Disability Law Explained

Veterans with disabilities often have a difficult time navigating VA rules and bureaucracy particularly when they file an appeal or filing a claim. An attorney can provide much-needed clarity to the process and minimize the chance of making mistakes.

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

What is a disability?

The law defines a disability as a condition that severely limits a major life activity. It could be mental or physical. It could be permanent or temporary. The impairments can be obvious such as a missing limb, or obscure such as depression or chronic pain.

An individual who is a disabled veteran is entitled to certain benefits, including monthly money-based compensation. This compensation is based upon 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 individuals with disabilities. Employers are not allowed to ask applicants whether they have a disability in the absence of a voluntary request and for affirmative action.

What is a condition that is service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or worsened through your military service. To receive compensation, you must prove the condition you suffer from is service-connected.

Additionally, in order to be eligible for benefits such as the Aid and Attendance program, your disability has to be service-connected. These programs provide financial assistance to veterans who need help with daily living tasks, such as dressing, bathing and eating.

You can also establish a service connection by assuming service connection in certain conditions, such as Agent Orange and Gulf War illnesses. This requires a medical diagnosis which states that your current illness is likely caused by the exposure even if you did not suffer from the disease at the time you quit the military.

What is a non-service-connected disability?

Many veterans disability law firms don't know that they are eligible for disability benefits if their conditions are not related to their military service. They are referred to as non-service-connected pension or veteran's pension, and are based on income and assets. Widows widowers and widowers who are disabled veterans may also be eligible for benefits based on the disability of their spouse.

Employers should not discriminate against applicants and employees with disabilities. It is unlawful to disqualify an applicant from consideration because of their handicap. Employers are required to provide reasonable accommodations to people with disabilities so they can carry out the essential tasks of a job. They are also known as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

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

The law entitles you to compensation if there is a disability that is connected to service. This is an illness or condition that is a result of your military service and is evaluated at 10 percent or more.

An attorney who is knowledgeable of the intricacies of veterans disability law can make the process easier. They can help you determine whether or if you have an entitlement and help you through the appeals procedure.

Current law prevents lawyers from charging fees for assistance with an initial disability claim However, they may charge a fee when they assist you in challenging the validity of your claim. This is one of the ways we help our clients obtain the benefits they deserve. For more information, contact Fusco Brandenstein & Rada.

How do I file a claim?

If you are suffering from an injury, illness or condition that was triggered or was caused by your military service, it is crucial to file a claim for disability benefits. In the majority of cases, VA will provide benefits starting from the date you file your claim.

It is crucial to provide all evidence that is relevant when submitting your claim. This includes medical records from providers of civilian health care services that are relevant to the condition you've claimed. It is also important to submit copies of your discharge records as well as any other documents relating to your military service.

After you submit your claim After you have submitted your claim, the VA will inform you via email or US mail that your claim was accepted. The VA will gather evidence to review your claim, which could take months or even years.

How do I appeal a denial?

The first step of the appeals procedure is to gather medical evidence that proves the treatment is necessary for your condition. This can be accomplished by working with your health care team to collect letters from your health care provider(s), medical research studies, and any other evidence that supports your claim.

A veteran's lawyer can review your case and determine the steps required to challenge a denied claim. You could also check your C-file and determine if you have the option to alter your award's effective date. Be aware of the time limitations which apply to every level of the appellate procedure. These are outlined in your notice. Getting the help of an experienced lawyer can speed up this process.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is offered for conditions or injuries that result from service or worsened while serving. Also, it will cover depression following service.

A skilled veterans disability attorney can help a Veteran file and get their claim approved for these benefits. He or she will also go through a Veteran's VA claims history to determine if there is other past-due benefits that can be reclaimed.

A veteran may appeal if a local VA office refuses to accept their claim or if the disability rating isn't adequate. veterans disability lawyer who are disabled could benefit from an attorney's experience in the VA's many rules and regulations.