Veterans Disability Law Explained

blakely veterans disability attorney with disabilities often have a difficult time navigating VA rules and bureaucracy, particularly when they file a claim or appealing. An attorney can bring clarity to the process and minimize the risk of making mistakes.

Title I of the ADA prohibits employers from discriminating against people with disabilities when it comes to hiring, promotion or job assignments, training, benefits and other terms and conditions of employment, except for undue hardship.

What is a disability?

The law defines a disability as a condition that significantly limits a major life-long activity. This could be mental or physical and can be either temporary or permanent. Disability can be visible such as a missing limb or invisible, like chronic pain or depression.

Veterans who are disabled are entitled to certain benefits, such as an annual monetary payment. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits disability discrimination and requires employers to provide reasonable accommodations for individuals with disabilities. Generally speaking, 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 disability that's service-connected?

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

In addition, to be eligible for benefits such as the Aid and Attendance program, your disability needs to be service-connected. These programs provide financial assistance to veterans who need help with daily living tasks, such as bathing, dressing and eating.

It is also possible to establish service connection by establishing presumptive connection for certain conditions, such as Agent Orange exposure and Gulf War diseases. 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 do not know that they can receive disability benefits if the conditions are not related to their military service. These are called non-service connected pensions or veteran's benefits and are based on income and assets. Widows and widowers of disabled veterans are also eligible to receive payments based on their spouse's disability.

Employers cannot discriminate against employees and applicants who are disabled. It is illegal to bar the applicant from the consideration of employment because of the disability. Rather, employers are required to provide reasonable accommodations so that employees with disabilities can carry out the essential duties of their job. These are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made available.

How do I determine whether I'm disabled?

If you suffer from a handicap that is related to your service, you are entitled to compensation. This is an illness of the mind or body which is related to your military service and has been rated at 10 percent or more.

A veteran's disability lawyer who knows the intricacies of the process simpler. They can help you determine whether or if you have a claim and guide you through the appeals procedure.

The law currently prohibits lawyers from charging fees to assist with a disability claim however, they are able to charge a fee if they assist you in challenging the decision made on your claim. This is how we help our clients receive all the benefits they are entitled to. To learn more, contact Fusco Brandenstein & Rada.

How do I submit a claim?

If you are suffering from an injury, illness or ailment that started or was caused through your military service, it is essential to file a claim for disability benefits. In the majority of cases, VA will provide benefits starting from the date you file your claim.

It is important to submit all relevant evidence when filing claims. This includes medical records from the providers of civilian health care that are related to the conditions you've filed a claim for. Also, you should submit copies of your discharge records, and any other documents relating to your military service.

After you've submitted your claim Once you have submitted your claim VA will notify you by email or US mail that your claim has been accepted. The VA will then gather the evidence needed to review your claim, which may take months or even years to complete.

How do I appeal a denial?

The first step in the appeals procedure is to gather medical evidence that proves the treatment is essential to your condition. This can be accomplished by working with your health care provider to collect letters from your health care provider(s) as well as medical research studies, and any other information that supports your claim.

A veteran's attorney can review your case and determine the steps required to contest a denied claim. You can also look back at your C-file and determine if you have the option to alter the effective date. You should be aware of the deadlines applicable to each stage of the appellate procedure. These are detailed in your notice. In the event of a dispute, consulting an experienced lawyer can speed up this process.

What is the purpose of an attorney?

The Department of Woodside Veterans Disability Law Firm Affairs provides tax-free benefits for disability compensation. This compensation is awarded for injuries and other conditions that develop or are aggravated during service, as well as for any post-service depression.

A knowledgeable veterans disability attorney can assist a Veteran to file and be successful in claiming these benefits. He or she can also examine the Veteran's VA claim history to determine whether there are any past due VA benefits that can be recovered.

A veteran may also appeal if the local VA office refuses to accept their claim or if the disability rating isn't adequate. The VA's rules and regulations are extensive and disabled veterans can benefit from having an experienced lawyer by their side throughout the entire process.