Veterans Disability Law Explained

Many veterans who have disabilities have to navigate VA rules and bureaucracy while filing an appeal or making a claim. An attorney can provide much-needed clarity in the process, and help reduce the risk of mistakes.

Title I of ADA prohibits employers from discriminating against disabled people who are qualified in hiring, promotions or job assignments, as well as benefits, training, and other conditions of employment.

What is a disability?

The law defines disability as a condition that significantly limits a major life activity. It can be physical or mental, and can be temporary or long-lasting. It is possible for disabilities to be obvious such as a missing limb, or hidden, such as depression or chronic pain.

Veterans who are disabled are entitled to certain benefits including the monthly payment of monetary compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination on the basis of disability, and requires employers to provide reasonable accommodation for qualified people with disabilities. Employers are not able to ask applicants whether they have a disability unless they are voluntarily and for affirmative actions.

What is a service-connected impairment?

A service-connected impairment is a medical condition or illness that was caused or worsened by your military service. To be eligible for compensation, you must prove that your condition is related to service.

Additionally, in order to receive benefits similar to the Aid and Attendance program, your disability has to be service connected. These are programs that offer financial assistance to veterans who require help with everyday living activities like bathing, dressing, eating and vimeo grooming.

You can also establish a service connection by assuming that you have service in certain conditions, such as Agent Orange and Gulf War diseases. This requires a doctor's opinion showing that your present problem 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 they are eligible for disability benefits if their ailments aren't related to their military service. These benefits are referred to as non-service connected pension or veteran's benefit. They are based on income and assets. Widows and widowers who are disabled veterans may also be eligible for benefits due to the disability of their spouse.

Employers are not allowed to discriminate against applicants and employees with disabilities. It is illegal to disqualify the applicant from the consideration of employment because of his or her disability. Employers are required to provide reasonable accommodations to people with disabilities so they can carry out the essential functions of their job. These are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and Vimeo VA regulations require that these be provided.

How do I know if I am disabled?

The law provides you with compensation if you have an impairment that is related to your service. It is a psychological or physical issue that is directly related to your military service, and is assessed at 10 percent or more.

A veteran's disability lawyer that is knowledgeable of the intricacies of the process much easier. They can help you determine whether you are entitled to a claim and guide you throughout the appeals process.

The law prohibits lawyers from charging a fee for assistance with a disability claim. However, they may charge you fees if they help you appeal a decision made on your claim. This is how we ensure that our clients get all the benefits they are entitled to. To learn more, contact Fusco Brandenstein & Rada.

How do I file a claim?

If you are suffering from an injury, illness or ailment that started or was caused due to your military service, it is crucial to file a claim for disability benefits. In most instances, VA benefits will begin to be paid on the date of your claim.

When submitting a claim, it is imperative to provide all relevant evidence including medical records from your civilian health providers that pertain to your claimed conditions. It is also important to submit copies of your discharge documents, and any other documents that relate to your military service.

When you submit your claim after submitting your claim, the VA will notify you via email or US mail that your claim has been accepted. The VA will then collect the evidence required to review your claim, which may take months or even years to complete.

How do I appeal a denial?

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

A veteran's attorney will review your case and determine the steps needed to challenge a denied claim. You could also check your C-file to determine whether you are able to alter your award's effective date. It is essential to be aware of the deadlines for each level of appeals, that are detailed in your notice of disagreement. Getting the help of an experienced lawyer can speed up this process.

What is the function of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is offered for injuries or conditions caused by service or worsened while serving. It also helps with depression after service.

A skilled veterans disability attorney can assist a Veteran to file and win their claim for these benefits. The attorney will also examine a veteran's VA claims history to determine if there are additional past-due benefits which could be recovered.

An experienced lawyer can assist a Veteran through the appeals process if their claim is denied by the local VA office or their disability rating is not sufficient. Veterans who are disabled is able to benefit from a lawyer's experience in the VA's many rules and regulations.