Veterans Disability Law Explained

Many disabled veterans have to navigate VA rules and bureaucracy when submitting an appeal or a claim. An attorney can provide much-needed clarity to the process and reduce the risk of mistakes.

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

What is a disability?

The law defines a disability as an impairment that limits a significant life activity. It could be mental or physical, and can be temporary or permanent. The impairments can be obvious, such as a missing limb or invisible, such as chronic pain or depression.

A disabled veteran is entitled to certain benefits, such as monthly monetary compensation. The amount of compensation is determined by the percentage rating that the VA assigns to the veteran with a disability. The ADA prohibits discrimination against disabled people and requires employers to make reasonable accommodations for people with disabilities. Employers are not allowed to ask applicants if they have a disabilities in the absence of a voluntary request or for affirmative measures.

What is a disability service-connected?

A service-connected impairment is a medical condition or illness that has been caused or aggravated by your military service. To be eligible for compensation, you must prove that your condition is caused by service.

In addition, in order to get benefits like the Aid and Attendance program, your disability has to be service-connected. These programs offer financial aid to veterans who need help with daily living tasks, like bathing, dressing and eating.

It is also possible to establish service connection by establishing presumptive connection for some conditions such as Agent Orange exposure and Gulf War illnesses. This requires a doctor's opinion 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 don't know that they may be eligible for disability benefits if their ailments aren't related to their military service. These are known as non-service connected pension or veteran's pension and are income and asset tested. Widows and widowers of disabled veterans disability attorney are also 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 people from consideration for employment due to their handicap. Employers are instead obliged to provide reasonable accommodations so that employees with disabilities can fulfill the essential functions of their job. These are sometimes referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.

How do I know whether I'm disabled?

The law entitles you to compensation if you suffer from a service-related disability. This is a mental or physical condition that is directly connected to your military service and is considered to be 10 percent or more.

Having an attorney who understands the complexities of veterans disability law can make the process easier. They can help you determine if you have a valid claim and assist you through the appeals process.

Current law prohibits lawyers from charging fees to assist in the initial claim for disability however, they are able to charge a fee if they assist you in challenging the validity of your claim. This is one of the ways we can help our clients obtain the benefits they're 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 illness that began or was caused through your military service, it is essential to file for disability compensation. In the majority of cases, the VA will provide benefits starting from the date you file your claim.

It is important to provide all relevant evidence when filing a claim. This includes medical documents from providers of civil health care services that are relevant to the conditions you've claimed. You should also submit copies your discharge papers and any other documents that pertain to your military service.

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

How do I appeal a denial?

This is done by working with your health care team to gather letters from your health care provider(s) and medical research studies, as well as any other information that can support your claim. This can be done by working with your health care provider to obtain letters from your health care provider(s) and medical research studies, and any other information to support your claim.

An attorney for veterans with disabilities can review your case to determine what steps you must take to contest the denial. This could include looking back at your C file to see whether there is a chance to change the date effective on your award. It is vital to be aware of the time limits for each level of the appeals process, which are listed in your notice of disagreement. An experienced lawyer can help to speed up the process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is awarded for injuries and illnesses that occur or are exacerbated during service, as well as for any post-service depression.

A skilled veterans disability attorney can assist a Veteran in filing and successfully claim these benefits. He or she will also go through a Veteran's VA claims history to determine if there are any additional past due benefits that may be recovered.

An experienced lawyer can assist a Veteran in the appeals process if their claim is rejected by the local VA office or if their disability rating is not adequate. The VA's rules and regulations are extensive, and a disabled vet could benefit from having a knowledgeable lawyer by their side throughout the entire process.