Veterans Disability Law Explained
Veterans with disabilities often encounter difficulties navigating VA rules and bureaucracy particularly when they file an appeal or filing a claim. An attorney can bring clarity to the process and minimize the risk of mistakes.
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities in hiring, advancement, job assignments, training, benefits, and other conditions of employment, notwithstanding unreasonable hardship.
What is a disability?
The law defines disability as a major impairment that hinders an important everyday activity. This could be mental or physical, and can be temporary or even permanent. The impairments can be obvious like a missing limb, or hidden such as depression, or chronic pain.
veterans disability lawyers with disabilities can enjoy certain benefits, such as an annual monetary payment. The amount of compensation is determined by the percentage rating that the VA assigns to the veterans disability. The ADA prohibits discrimination based on disability, and it also requires employers to provide reasonable accommodation for qualified persons with disabilities. Generally speaking, employers cannot ask an applicant whether they have a disability unless that information is requested on a purely voluntary basis for affirmative action purposes.
What is a disability service-connected?
A service-connected disability is an injury, medical condition or illness that was caused or made worse through your military service. To be eligible for compensation, you must prove that your condition is caused by service.
Additionally, in order to get benefits like the Aid and Attendance program, your disability needs to be service connected. These are programs that offer financial assistance for veterans who require assistance in daily living activities such as dressing, bathing, eating and grooming.
It is also possible to establish service connection by establishing presumptive connection for some ailments like Agent Orange exposure and Gulf War diseases. This requires a doctor's opinion that your current condition may be due to exposure, even if it was not present at the time you left the service.
What is a non-service-connected disability?
Many veterans do not realize that there are disability benefits that are available even if none of their disabilities are related to their military service. These are called non-service connected pension or veteran's pension and are subject to asset and income tests. Widows and widowers of disabled veterans are also entitled to receive benefits in accordance with the condition of their spouse's disability.
Employers are not allowed to discriminate against applicants and employees who have disabilities. It is illegal to exclude individuals from consideration for employment due to their disability. Rather, employers are required to provide reasonable accommodations to ensure that people who are disabled can perform the essential tasks of their job. They are also referred to as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made available.
What can I do to determine what I am missing?
If you are suffering from a condition which is service-related, then you have the right to receive compensation. This is a physical or psychological condition that is directly connected to your military service, and is rated at 10% or more.
Having an
attorney who understands the complexities of the law governing veterans disability can simplify the process. They can assist you in determining whether or not you are eligible for an entitlement and help you through the appeals procedure.
The law currently prohibits lawyers from charging fees for assistance in the initial claim for disability however, they are able to charge a fee when they help you challenge a decision on your claim. This is how we can help our clients receive 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 due to your military service, it is imperative to file for disability compensation. In most instances, VA benefits will begin to be paid out from the date you file your claim.
When you file a claim it is crucial to submit all evidence relevant to the claim including medical records from civil health care providers that are relevant to the conditions you claim. It is also important to submit copies of your discharge documents, as well as any other documentation related to your military service.
After you've submitted your claim Once you have submitted your claim VA will notify you via email or US mail that your claim was accepted. The VA will collect evidence to review your claim, which could take months or even years.
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, and any other information that can support your claim. This can be accomplished by working with your health care team to gather letters from your health care provider(s), medical research studies and any other evidence that supports your claim.
A veteran's disability attorney will review your case to determine what steps are required to contest a denial. This can include reviewing your C file to determine if there is an opportunity to change the date effective on your award. It is important to be aware of the time limitations that apply to all levels of the appellate procedure. They are listed in your notice. The assistance of an experienced lawyer can expedite the process.
What is the function of an attorney?
The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is offered to those who suffer from injuries or conditions that result from service, or exacerbated while serving. Also, it helps with depression after service.
A skilled veterans disability attorney can assist a Veteran in filing and get their claim approved for these benefits. The attorney can also review a Veteran's VA claims history to determine if there are additional past-due benefits which could be reclaimed.
An experienced attorney can also assist a Veteran during the appeals procedure if their claim is denied by the local VA office or their disability rating isn't sufficient. A disabled veteran could benefit from an attorney's experience in the VA's many rules and regulations.