Veterans Disability Law Explained

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

Title I of the ADA prohibits employers from discriminating against disabled persons in hiring, advancement, job assignments, training, benefits and other terms and conditions of employment, absent the need for hardship.

What is a disability?

The law defines a disability as an impairment that significantly limits a major life-related activity. It can be physical or mental, and it could be temporary or even permanent. The impairments can be obvious like a missing limb, or obscure such as depression or chronic pain.

Veterans who are disabled are entitled to certain benefits, including a 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 employers to provide reasonable accommodation for qualified disabled individuals. Employers cannot ask an applicant whether they have a disability 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 caused or worsened by your military service. It is imperative to prove your condition is service connected in order to receive monetary compensation.

Your condition must also be related to your service in order to be eligible for benefits such as the Aid and Attendance Program. These programs provide financial assistance to veterans who require help in daily living activities, such as bathing, dressing and eating.

You can also establish service connection by assuming that you have service in certain conditions, like Agent Orange and Gulf War illnesses. This requires a medical recommendation showing that your current condition is likely due to the exposure even if you did not have the disease when you left the military.

What is a non-service-connected disability?

Many veterans are unaware that there are disability benefits available to them if none of their medical conditions are related to their military service. These are called non-service connected pension or veteran's pension, and are income and asset tested. Widows and widowers of disabled hays veterans disability law firm are eligible for payments dependent on the disability of their spouse.

Employers are not able to discriminate against employees and applicants with disabilities. It is unlawful to exclude the applicant from being considered for employment due to their disability. Employers are instead required to provide reasonable accommodations to ensure that those with disabilities can perform the essential tasks 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.

What can I do to determine what I am missing?

The law provides you with compensation if there is a service connected disability. This is a psychological or physical condition that is directly linked to your military service and is assessed at 10% or more.

A lawyer who is familiar with the intricacies of veterans disability law can make the process less stressful. They can help you determine if you have a valid claim and guide you through the appeals process.

The law currently prohibits lawyers from charging fees for assistance with a disability claim, but they may charge a fee when they help you challenge the validity of your claim. This is how we ensure that our clients get all the benefits they are entitled to. For more information, contact Fusco Brandenstein & Rada.

How do I make a claim?

If you are suffering from an illness, injury or condition that was triggered or was worsened through your military service, it is important to file for disability compensation. In most cases, VA benefits will begin to be paid from the date you file your claim.

It is crucial to provide all evidence relevant to the filing of an claim. This includes medical records from civilian health care, which are relevant to the condition you've claimed. Also, you should submit copies of your discharge records and any other documents that pertain to your military service.

After you've submitted 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 required to review your case, which can take months or even years to complete.

How do I appeal a denial?

This is accomplished by working with your health care team to get letters from your health care provider(s), medical research studies, and any other information that can support your claim. This can be done by working with your healthcare team to collect letters and medical research studies from your health care professionals and any other information you need to support your claim.

A lawyer for veterans' disability can review your claim to determine the steps needed to contest a denial. This may involve reviewing your C file to determine whether there's a possibility to alter the date effective on your award. It is crucial to be aware of the time limits for each stage of the appeals process which are outlined in your notice of disagreement. A consultation with an experienced lawyer can speed up the process.

What is the job of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is provided for injuries or conditions that are caused by military service or are exacerbated by serving. Also, it helps with depression after service.

A veteran's disability lawyer who is knowledgeable can assist veterans file and obtain these benefits. He or she can review the Veteran's VA claim history to determine if there are any past due VA benefits that could be recovered.

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