Veterans Disability Law Explained

Veterans with disabilities usually have a difficult time navigating VA regulations and bureaucracy especially when filing an appeal or submitting a claim. An attorney can bring clarity to the process and decrease the risk of mistakes.

Title I of the ADA prohibits employers from discriminating against people with disabilities when it comes to hiring, advancement in job assignments, training, benefits, and other conditions of employment, notwithstanding unjust hardship.

What is a disability?

The law defines a disability as a condition that significantly limits a major life activity. It could be mental or physical, and can be either temporary or even permanent. Disability can be apparent like a missing limb, or hidden such as depression or chronic pain.

An individual who is a veteran with a disability is entitled to certain benefits, such as monthly money-based compensation. This compensation is based upon the percentage rating that the VA assigns to the veterans disability. The ADA prohibits discrimination based on disability, and requires that employers provide reasonable accommodations for persons with disabilities. Generally speaking, employers cannot inquire about an applicant's disability unless they have a disability unless the information is requested on a voluntary basis for affirmative action purposes.

What is a service-connected disability?

A service-connected disability is a medical condition, injury or illness that was aggravated or caused by your military service. It is important to prove that your condition is related to service to be eligible for monetary compensation.

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

It is also possible to establish service connection through presumptive service connections for some conditions such as Agent Orange exposure and Gulf War illnesses. It requires a doctor's assessment that your current condition could be due to exposure even if the condition was not present when you left the service.

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits available if none of their disabilities are related to their military service. These benefits are known as non-service-connected pension or veteran's benefit, and are dependent on assets and income. Widows and widowers of disabled veterans are entitled to receive benefits based on their spouse's disability.

Employers must not discriminate against applicants or employees with disabilities. It is illegal to disqualify an individual from being considered for employment due to the disability. Employers are instead required to provide reasonable accommodations to ensure that people with disabilities can perform the essential functions of a job. They are also known as "reasonable adjustments." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell if I have a disability?

The law allows you to receive compensation if you are suffering from a service connected disability. This is a physical or psychological condition that is directly linked to your military service, and is classified as 10 percent or more.

A lawyer who is familiar with the intricacies of veterans disability law can help make the process less stressful. They can assist you in determining whether or not you are eligible for a claim and help guide you through the appeals procedure.

Current law prevents lawyers from charging fees for assistance with an initial disability claim however, they are able to charge a fee when they assist you in challenging a decision on your claim. This is how we can help our clients get all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I make a claim?

If you suffer from an illness, injury or condition that was triggered or was aggravated due to your military service, it is imperative to file for disability compensation. In the majority of cases, VA benefits will begin to be paid after the date of your claim.

When you file a claim it is essential to provide all evidence relevant to the claim including medical records from civil health providers that pertain to your claimed conditions. It is also important to submit copies of your discharge documents, and any other documents related to your military service.

After submitting your claim, the VA will notify you via email or via US mail that they have received your claim. The VA will then collect the evidence needed to review your case, which can take months or even years to complete.

How do I appeal a denial?

The first step in the appeals process involves collecting medical evidence that shows that the treatment you're seeking is necessary for your condition. You can accomplish this by working with your health care team to collect letters and medical research studies from your health care providers, as well as any other information you require to prove your claim.

A veteran's disability attorney can review your case to determine the steps needed to contest the denial. You could also check your C-file to determine whether you are able to alter the effective date. It is crucial to be aware of the time limitations for each level of the appeals process, which are outlined in your notice of disagreement. A skilled lawyer can to speed up the process.

What is the role an attorney?

The Department of buena vista veterans disability lawsuit Affairs offers tax-free disability compensation benefits. This compensation is granted for injuries and illnesses that occur or worsen during service, and also for any post-service depression.

A skilled bristol veterans disability attorney disability attorney can help a Veteran file and get their claim approved for these benefits. He or she can also look over the Veteran's VA claim history to determine whether there are any past-due VA benefits that could be reclaimed.

An experienced attorney can also assist a Veteran through the appeals process in case their claim is rejected by the local VA office or if their disability rating isn't sufficient. A veteran who is disabled could benefit from an attorney's knowledge of the VA's vast rules and regulations.