veterans disability lawsuits Disability Law Explained
Many disabled veterans have to navigate VA rules and bureaucracy when filing an appeal or a claim. An attorney can provide much-needed clarity to the process and minimize the chance of making mistakes.
Title I of the ADA prohibits employers from discriminating against individuals with disabilities in hiring, promotion in job assignments, training, benefits, and other conditions of employment, notwithstanding unreasonable hardship.
What is a disability?
The law defines disability as a condition that limits a significant life activity. It can be mental or physical, and can be temporary or even permanent. Disability can be visible like a missing limb or invisible, like chronic pain or depression.
A veteran with a disability is entitled to certain benefits, such as monthly financial 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 requires that employers offer reasonable accommodations to persons with disabilities. Generally, an employer cannot ask an applicant whether they have a disability unless the information is requested on a voluntary basis to serve affirmative actions.
What is a disability that is service-connected?
A service-connected disability is a medical condition, injury or illness that was caused or made worse through your military service. It is important to prove your medical condition is service-connected in order to receive monetary compensation.
Your condition must also be related to your service in order to qualify for benefits like the Aid and Attendance Program. These programs offer financial aid for veterans who require assistance with daily living tasks, like bathing, dressing and eating.
You can also establish service connection by presuming service connection in certain conditions, such as Agent Orange and Gulf War diseases. This requires a medical recommendation of the doctor that shows your health condition is likely to be due to the exposure even if you didn't have the disease when you left the military.
What is a non-service-connected disability?
Many veterans do not realize that there are disability benefits for those who have no of their medical conditions are related to their military service. These benefits are referred to as a non-service-connected pension, or veteran's benefits and are based on income and assets. Widows and widowers of disabled veterans are eligible to receive payments dependent on the disability of their spouse.
Employers are not able to discriminate against employees and applicants who are disabled. It is illegal to disqualify an individual from the consideration of employment because of their disability. Rather, employers are required to provide reasonable accommodations to ensure that those with disabilities can fulfill the essential functions of their job. They are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these be provided.
How can I tell whether I'm disabled?
If you suffer from a handicap that is related to your service, you can claim compensation. It is a mental or physical condition that is directly related to your military service, and is considered to be 10 percent or more.
Having an attorney who understands the complexities of the law governing
veterans disability attorneys disability can make the process less stressful. They can assist you in determining whether or not you qualify for a claim and help guide you through the appeals process.
Current law prevents lawyers from charging for assistance with a disability claim, but they may charge a fee when they assist you in challenging the validity of your claim. This is one of the ways we help our clients receive the benefits they deserve. To find out more, contact Fusco Brandenstein & Rada.
How do I submit a claim?
If you are suffering from an illness, injury or condition that started in or was worsened due to your military service, it is imperative to apply for disability compensation. In the majority of cases, VA will provide benefits starting from the date you file your claim.
When you file a claim it is critical to submit all relevant evidence including medical records from civilian health professionals that are related to your claim. You should also provide copies of your discharge papers, as well as any other documentation related to your military service.
After you've submitted your claim the VA will notify you online or by US mail that they received your claim. The VA will collect evidence to review your claim, which could take months or years.
How do I appeal a denial?
The first step in the appeals process involves collecting medical evidence that proves that the treatment you're seeking is required for your condition. You can accomplish this by working with your health care provider to collect medical research studies and letters from your health care providers, as well as any other information you need to support your claim.
A lawyer for veterans' disability can review your claim to determine what steps are required to contest the denial. You could also check your C-file to determine if you have the opportunity to change your award's effective date. It is important to be aware of the deadlines for each level 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 function of an attorney?
The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is offered for injuries or conditions that are caused by service or worsened while serving. Also, it helps with depression after service.
A skilled
veterans disability attorney can assist a Veteran to file and be successful in claiming these benefits. They will also examine a veteran's VA claims history to determine if there are any other past-due benefits that can be reclaimed.
A veteran can appeal if a local VA office rejects their claim or the disability rating is not adequate. The VA's rules and regulations are extensive, and a disabled vet can benefit from having a competent lawyer on their side throughout the entire process.