Veterans Disability Law Explained
Veterans with disabilities typically have a difficult time navigating VA rules and bureaucracy especially when they are filing an appeal or filing a claim. An attorney can provide much-needed clarity in the process, and help reduce the risk of mistakes.
Title I of the ADA prohibits employers to discriminate against qualified individuals with disabilities, in hiring, advancements and job assignments, benefits and training as well as other terms of employment.
What is a disability?
The law defines disability as a significant impairment that hinders an important daily activity. It can be physical or mental. It could also be temporary or permanent. Disabilities may be visible, like a missing limb, or invisible, like depression or chronic pain.
A veteran with a disability is entitled to certain benefits, including monthly cash compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and requires employers to offer reasonable accommodations to individuals with disabilities. Employers aren't able to inquire about applicants if they have a disabilities unless it is voluntary and in the case of affirmative actions.
What is a condition that is service-connected?
A service-connected disability is an injury, medical condition or illness that was caused or aggravated through your military service. To be eligible for compensation, one must prove that your condition is related to service.
In addition, in order to qualify for benefits such as the Aid and Attendance program, your disability must be service connected. These are programs that provide financial aid to veterans who require help in daily living activities such as bathing, dressing eating, grooming, and eating.
It is also possible to establish service connection through presumptive connections to service for certain conditions, such as Agent Orange exposure and Gulf War diseases. This requires a doctor's opinion showing that your current problem is likely due to the exposure, even if you didn't have the disease when you quit the military.
What is a non-service-connected disability?
Many veterans do not know that they are eligible for disability benefits if their ailments aren't connected to their military service. These benefits are known as a non-service-connected pension or a veteran's benefit, and are based on income and assets. Widows and widowers of disabled veterans are eligible for payments based on their spouse's disability.
Employers are not able to discriminate against applicants and employees who are disabled. It is illegal to exclude someone from consideration for employment because of their disability. Employers must make reasonable accommodations for those who have disabilities to ensure that they can perform the essential tasks of a job. These are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.
How do I know whether I'm disabled?
The law allows you to receive compensation if you have a service connected disability. This is an illness or condition that is related to your military service and is rated at 10 percent or more.
A veteran's disability lawyer that is knowledgeable of the intricacies can make the process more straightforward. They can assist you in determining whether you are entitled to a claim and guide you through the appeals process.
Current law prevents lawyers from charging for assistance with a disability claim however, they can charge a fee when they assist you in challenging the outcome of your claim. This is one of the ways we work to help our clients get all the benefits they deserve. For more information, please contact Fusco Brandenstein & Rada.
How do I submit a claim?
It is essential to apply for disability compensation in the event that you suffer from an illness, injury or ailment that began or was aggravated during your military service. In the majority of instances, VA benefits will begin to be paid from the date of your claim.
It is essential to provide all evidence that is relevant when submitting claims. This includes medical records from providers of civilian health care, which are relevant to the conditions you have filed a claim for. Also, you should submit copies of your discharge documents, and any other documents related to your military service.
Once you have submitted your claim the VA will notify you via email or via US mail that they have received your claim. The VA will then gather the evidence 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 collect 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 medical research studies and letters from your medical professionals and any other information you need to prove your claim.
A lawyer for
veterans disability lawsuit' disability can review your claim to determine what steps are required to contest the denial. This may include reviewing your C file to see whether there is an opportunity to alter the date of effective on your award. 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 skilled lawyer can accelerate the process.
What is the role of an attorney?
The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is awarded for injuries and other conditions that develop or worsen during service, and also for post-service depressions.
A skilled
veterans disability attorney can assist a Veteran to file and win their claim for these benefits. The attorney will also go through a Veteran's VA claims history to determine if there is additional past-due benefits that could be recovered.
A veteran may appeal if the local VA office denies their claim or if the disability rating isn't adequate. A disabled veteran could benefit from an attorney's knowledge of the VA's vast rules and regulations.