Veterans Disability Law Explained

Many veterans who have disabilities have difficulty navigating VA rules and bureaucracy when submitting an appeal or a claim. An attorney can help reduce the chances of making mistakes and give clarity to the process.

Title I of the ADA prohibits employers from discriminating against individuals with disabilities in hiring, promotion, job assignments, training, benefits, and other terms and conditions of employment, notwithstanding unreasonable hardship.

What is a disability?

The law defines disability as a major impairment that hinders an important everyday activity. It could be mental or physical, and it can be temporary or long-lasting. The impairments can be obvious, as a missing limb, or invisible, like depression or chronic pain.

Veterans with disabilities can enjoy certain benefits including monthly monetary 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 that employers provide reasonable accommodation for qualified persons with disabilities. Employers are not able to ask applicants if they have a disabilities except if it is voluntary and for affirmative action.

What is a disability that is service-connected?

A service-connected disability is an injury, medical condition or illness that was aggravated or caused by your military service. It is important to prove that your condition is related to service to receive financial compensation.

Your disability must also be service-related in order to be eligible for benefits like the Aid and Attendance Program. These are programs that offer financial assistance to veterans disability lawsuit who require assistance with daily living tasks such as dressing, bathing food preparation, grooming and eating.

It is also possible to establish service connection by establishing presumptive connection for some ailments like Agent Orange exposure and Gulf War diseases. This requires a physician's opinion that your current condition could be due to exposure even if it was not present at the time you left the service.

What is a non-service-connected disability?

Many veterans are unaware that they may be eligible for disability benefits even if their circumstances do not have anything to do with their military service. These are known as non-service connected pensions or veteran's pensions and are asset and income tested. Widows and widowers who are disabled veterans could be eligible for these payments due to the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is illegal to bar individuals from consideration for employment because of their disability. Employers are instead required to provide reasonable accommodations so that employees with disabilities can perform the essential duties 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.

How do I know if I have a disability?

The law allows you to receive compensation if you suffer from a disability that is connected to service. That is, a physical or mental 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 the law governing veterans disability can make the process less stressful. They can assist you in determining whether or not you are eligible for an entitlement and help 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 can charge you a fee if they help you appeal a decision made on your claim. This is one of the ways we help our clients get the benefits they're entitled to. For more information, contact Fusco Brandenstein & Rada.

How do I submit a claim?

It is essential to apply for disability compensation if there is an injury, illness, or illness that began or worsened during your military service. In the majority of cases, VA benefits will begin to be paid from the date you file your claim.

It is important to submit all relevant evidence when filing claims. This includes medical records from the providers of civilian health care services that are relevant to the conditions you've claimed. Also, you should submit copies of your discharge documents and any other documentation related to your military service.

After you have submitted your claim, the VA will notify you online or via US mail that they have received your claim. The VA will collect evidence to evaluate your claim, which could take months or even years.

How do I appeal a denial?

The first step of the appeals process is to collect medical evidence that proves the treatment you are seeking is needed for your particular condition. This can be done by working with your health care provider to obtain letters from your health care provider(s), medical research studies, and any other information to support your claim.

An attorney for veterans with disabilities can review your case and determine the steps needed to contest a denial. This may involve looking back at your C file to see if there is an opportunity to change the date effective on your award. Be aware of time limits that apply to each level of the appellate procedure. They are listed in your notice. A knowledgeable 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 provided for injuries or conditions caused by serving, veterans disability attorney or aggravated by serving. Also, it covers depression after service.

A skilled veterans disability attorney can assist a Veteran in filing and be successful in claiming these benefits. They can also look over a Veteran's VA claims history to determine if there are other past-due benefits that can be recovered.

A skilled attorney can help a Veteran through the appeals process in case their claim is denied by the local VA office or their disability rating is not enough. A disabled veteran can benefit from a lawyer's expertise throughout the VA's extensive rules and regulations.