Veterans Disability Law Explained
Many veterans who have disabilities have to navigate VA rules and bureaucracy in filing an appeal or making a claim. An attorney can provide much-needed clarity to the process and minimize the chance of making mistakes.
Title I of ADA prohibits employers to discriminate against qualified individuals with disabilities in hiring, advancements in job assignments, benefits and training as well as other terms of employment.
What is a disability?
The law defines disability as a condition that severely limits a major life-related activity. It could be mental or physical. It can also be temporary or permanent. Disability can be visible as a missing limb, or invisible, like chronic pain or depression.
Veterans who are disabled are entitled to certain benefits like a monthly monetary compensation. This compensation is based on the percentage rating that the VA gives to veterans with a disability. The ADA prohibits discrimination on the basis of disability, and it also requires employers to provide reasonable accommodation for qualified disabled individuals. Employers cannot ask an applicant if they have a disabilities unless they are voluntarily and for affirmative action.
What is a disability that is service-connected?
A service-connected impairment is a medical condition or illness that has been caused or aggravated by your military service. To be eligible for compensation, you must prove that your condition is related to service.
Your condition must also be related to your service in order to be eligible for benefits like the Aid and Attendance Program. These are programs that provide financial aid for veterans who require help with daily activities like bathing, dressing eating, grooming and eating.
You can also establish service connection by assuming service in certain conditions, such as Agent Orange and Gulf War diseases. It requires a doctor's assessment that your current condition could be the result of exposure, even if it was not present when you quit the service.
What is a non-service-connected disability?
Many
veterans disability attorneys don't know that they may be eligible for disability benefits if their conditions are not related to their military service. They are referred to as non-service-connected pensions or veteran's pensions and are income and asset tested. Widows and widowers who are disabled veterans may also be eligible for payments depending on the condition of their spouse.
Employers are not able to discriminate against employees and applicants who are disabled. It is illegal to bar individuals from consideration for employment because of their disability. Employers are required to make reasonable accommodations for people who have disabilities to ensure they can carry out the essential duties of a job. They are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.
How can I tell what I am missing?
If you have a disability that is service-related, you have the right to receive compensation. This is an illness of the mind or body that is related to your military service and is evaluated at 10 percent or more.
Having an attorney who understands the intricacies of the law governing veterans disability can help make the process less stressful. They can help you determine if you have a valid claim and assist you through the appeals process.
Current law prevents lawyers from charging fees for assistance with an initial disability claim, but they may charge a fee if they assist you in challenging a decision on your claim. This is one of the ways we help our clients receive the benefits they're entitled to. Contact Fusco, Brandenstein & Rada for more information.
How do I file a claim?
If you suffer from an illness, injury or condition that started in or was aggravated by your military service, it is important to apply for disability compensation. In the majority of cases, VA will pay benefits starting on the day you filed your claim.
It is essential to provide all relevant evidence when filing claims. This includes medical records from providers of civilian health care, which are relevant to the conditions that you have filed a claim for. Also, you should submit copies of your discharge records as well as any other documentation related to your military service.
After you submit your claim after submitting your claim, the VA will notify you by email or US mail that your claim was accepted. The VA will gather evidence to review your claim, which could take months or even years.
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) and medical research studies, as well as any other information that can support your claim. You can accomplish this by working with your healthcare team to collect medical research studies and letters from your medical professionals, as well as any other evidence you need to prove your claim.
A veteran's disability attorney will review your case to determine the steps needed 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. You should be aware of time limits applicable to each stage of the appellate procedure. These are detailed in your notice. An experienced lawyer can speed up the process.
What is the job of an attorney?
The Department of
veterans disability attorneys Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and illnesses that occur or become worse during service, as well as for post-service depressions.
A skilled veterans disability attorney can assist a Veteran to file and successfully claim these benefits. The attorney will also examine a veteran's VA claims history to determine if there are any additional past-due benefits that could be reclaimed.
An experienced attorney can also help a Veteran through the appeals process when 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.