Veterans Disability Law Explained

Veterans with disabilities frequently have a difficult time navigating VA rules and bureaucracy especially when they are filing an appeal or filing a claim. An attorney can help to minimize the risk of making a mistake and help provide clarity in the process.

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

What is a disability?

The law defines disability as a significant impairment that hinders an important life-style activity. This can be mental or physical and it can be temporary or long-lasting. The impairments can be obvious for instance, a missing limb or limb, but also invisible such as depression or chronic pain.

Veterans with disabilities are entitled to certain benefits, such as the monthly payment of monetary compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability and requires employers to make reasonable accommodations for people with disabilities. Generally speaking, employers cannot inquire from an applicant if they have a disability unless the information is requested on a voluntary basis for affirmative action purposes.

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 be eligible for compensation, you must prove that your condition is related to service.

In addition, to get benefits like the Aid and Attendance program, your disability must be service-connected. These programs provide financial assistance to veterans who require help in daily living activities, such as dressing, bathing and eating.

You can also establish a service connection by assuming that you have service in certain conditions, like Agent Orange and Gulf War illnesses. This requires a medical diagnosis showing that your current illness is likely caused by the exposure, even if you didn't have the disease when you left the military.

What is a non-service-connected disability?

Many veterans do not know that they are eligible for disability benefits even if their circumstances aren't connected to their military service. These benefits are referred to as non-service connected pension or veteran's benefit. They are based on income and assets. Widows and widowers who are disabled veterans might also be eligible to receive payments due to the disability of their spouse.

Employers should not discriminate against applicants and employees who have disabilities. It is unlawful to disqualify someone from consideration for employment due to their disability. Employers are required to make reasonable accommodations for those with disabilities so 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 available.

How do I know whether I'm disabled?

If you are suffering from a condition that is related to your service, you have the right to receive compensation. That is, an illness of the mind or body that is a result of your military service and is assessed at 10 percent or more.

An attorney who is aware of the complexities of veterans disability law can make the process easier. They can assist you in determining whether or not you qualify for a claim and guide you through the appeals procedure.

The law currently prohibits lawyers from charging for assistance in the initial claim for disability however, they are able to charge a fee when they assist you in challenging the validity of your claim. This is the way we work to ensure our clients to receive all benefits they are entitled to. Contact Fusco, Brandenstein & Rada to find out more.

How do I file a claim?

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

When filing a claim, it is essential to provide all relevant evidence including medical records from your civilian health care providers that are relevant to your claimed ailments. You should also submit copies of your discharge papers, and any other documents that relate to your military service.

Once you have submitted your claim, the VA will notify you via email or US mail that your claim has been accepted. The VA will gather evidence to evaluate your claim, which could take months or years.

How do I appeal a denial?

The first step in the appeals process is collecting medical evidence to prove that the treatment in question is needed for your particular condition. You can accomplish this by working with your health care provider to collect medical research studies and letters from your medical professionals and any other information you require to support your claim.

A veteran's disability lawyer can review your claim to determine what steps you must take to contest the denial. You could also check your C-file to determine if you are able to alter your award's effective date. It is crucial to be aware of the time limitations for each level of the appeals process that are detailed in your notice of disagreement. An experienced lawyer can accelerate the process.

What is the job of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given for conditions or injuries that result from service or worsened while serving. It also provides for depression following service.

A skilled veterans disability attorney can assist a Veteran to file and successfully claim these benefits. The attorney can review the Veteran's VA claim background to determine if there are any past due VA benefits that can be recovered.

A veteran can also appeal if the local VA office rejects their claim or the disability rating is inadequate. The VA's regulations and rules are extensive and disabled veterans will benefit from having a competent lawyer on their side throughout the entire process.