Veterans Disability Law Explained

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

Title I of the ADA prohibits employers from discriminating against disabled people 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 an impairment that substantially limits a major life-related activity. It can be either mental or physical. It could be permanent or temporary. Disability can be apparent like a missing limb or limb, but also invisible such as depression, or chronic pain.

An individual who is a veteran with a disability is entitled to certain benefits, including monthly monetary compensation. The amount paid is based on the percentage rating that the VA assigns to the veteran with a disability. The ADA prohibits discrimination on the basis of disability, and requires employers to provide reasonable accommodations for individuals 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 action purposes.

What is a service-connected disability?

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

In addition, to receive benefits similar to the Aid and Attendance program, your disability has to be service connected. These programs offer financial aid to veterans who require help with daily activities such as dressing, bathing and eating.

It is also possible to establish service connection through presumptive service connection for certain conditions, such as Agent Orange exposure and Gulf War illnesses. This requires a doctor's opinion which states 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 lynn veterans disability lawyer do not realize that there are disability benefits available if none of their disabling conditions are related to their military service. These benefits are referred to as non-service connected pension or veteran's benefit. They are dependent on assets and income. Widows and widowers of disabled veterans are eligible for payments based on their spouse's disability.

Employers are not able to discriminate against employees and applicants who are disabled. It is unlawful to exclude individuals from consideration for employment based on their disability. Employers are required to provide reasonable accommodations for employees who have disabilities to ensure they can be able to perform the essential functions of their job. These are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell if I have a disability?

The law gives you compensation if you suffer from a service connected disability. That is, an illness of the mind or body that is a result of your military service and has been classified as 10 percent or more.

An attorney who is aware of the intricacies of veterans disability law can make the process less stressful. They can help you determine whether or not you have an entitlement and guide you through the appeals process.

The law currently prohibits lawyers from charging for assistance with an initial disability claim however, they can charge a fee when they help you challenge a decision on your claim. This is how we can help our clients to receive all 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 ailment that started or was caused through your military service, it is crucial to file for disability compensation. In the majority cases, the VA will award benefits beginning when you file your claim.

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

After submitting your claim, the VA will notify you on the internet or disability via US mail that they received your claim. The VA will collect evidence to evaluate your claim, which can 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 you're seeking is essential to your condition. This can be accomplished by working with your health care team to obtain letters from your health care provider(s) and research studies in medical science and any other information that can support your claim.

A veteran's disability attorney can review your claim to determine what steps you must take to contest a denial. This could include looking back at your C file to determine if there is an opportunity to alter the date of effective on your award. It is important to be aware of the deadlines applicable to each stage of the appellate process. These are detailed in your notice. An experienced lawyer can help accelerate the process.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is offered for injuries or illnesses that are caused by serving, or aggravated by serving. Also, it covers depression after service.

A skilled veterans disability attorney can assist a Veteran to file and successfully claim these benefits. He or she may also look over the Veteran's VA claim information to determine if there are any past due VA benefits that can be reclaimed.

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