Veterans Disability Law Explained
Veterans with disabilities usually have a difficult time navigating VA rules and bureaucracy, particularly when they file a claim or appealing. An attorney can help decrease the likelihood of making mistakes and provide clarity in the process.
Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities when it comes to hiring, advancements and job assignments, benefits, training, and other conditions of employment.
What is a disability?
The law defines disability as an impairment that restricts a major everyday activity. It could be physical or mental. It can also be permanent or temporary. The impairments can be obvious, like a missing limb, or invisible, like chronic pain or depression.
A disabled veteran is entitled to certain benefits, including monthly money-based compensation. This compensation is based upon 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 are not able to ask applicants whether they have a disability unless they are voluntarily and in the case of affirmative actions.
What is a disability that's service-connected?
A service-connected impairment is an illness or medical condition that was caused or worsened by your military service. To receive compensation, you must prove that your condition is service-connected.
In addition, in order to qualify for benefits such as the Aid and Attendance program, your disability needs to be service-connected. These are programs that provide financial assistance for
veterans disability attorney who require help in daily living activities such as dressing, bathing eating,
Veterans Disability grooming and eating.
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 current illness is likely caused by the exposure even if it was not the case that you didn't suffer from the disease at the time you left the military.
What is a non-service-connected disability?
Many veterans don't know that they are eligible for disability benefits if the conditions are not related to their military service. They are referred to as non-service-connected pensions or veteran's pensions and
Veterans disability are subject to asset and income tests. Widows widowers and widowers who are disabled veterans may also be eligible for benefits based on the disability of their spouse.
Employers are not allowed to discriminate against applicants or employees with disabilities. It is illegal to exclude a person from consideration for employment because of their disability. Employers are required to provide reasonable accommodations for people who have disabilities to ensure they can be able to perform the essential duties of their job. These are sometimes known as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these be provided.
How do I know if I am disabled?
If you are suffering from a condition that is service-related, you can claim compensation. That is, a mental or physical condition which is related to your military service and is rated at 10 percent or more.
A lawyer who is familiar with the intricacies of
veterans disability law can simplify the process. They can assist you in determining whether or if you have a claim and guide you through the appeals process.
The law prohibits lawyers from charging fees for initial assistance with a disability claim. However, they are able to charge you an amount if they assist you appeal a decision made on your claim. This is among the ways we work to help our clients receive the benefits they're entitled to. Contact Fusco, Brandenstein & Rada for more information.
How do I submit a claim?
If you suffer from an illness, injury or condition that was triggered or was aggravated by your military service, it is imperative to file a claim for disability compensation. In most instances, VA benefits will begin to be paid out from the date you file your claim.
When filing a claim it is essential to provide any evidence of relevance including medical records from civil health providers that pertain to your claimed conditions. You should also submit copies your discharge papers 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?
The first step in the appeals procedure is to gather medical evidence that shows that the treatment is needed for your particular condition. This can be done by working with your health care provider to collect letters and medical research studies from your healthcare providers and any other evidence you need to support your claim.
An attorney for veterans can look over your case and determine the steps needed to contest a claim that has been denied. You may also examine your C-file to determine whether you have the option to alter your award's effective date. It is essential to be aware of the time limits for each level of the appeals process, which are listed in your notice of disagreement. The assistance of an experienced lawyer can expedite the procedure.
What is the purpose of an attorney?
The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is provided for injuries or illnesses that are caused by serving, or aggravated by serving. Also, it provides for depression following service.
A veteran's disability lawyer who is experienced can assist Veterans file and win these benefits. He or she can also review a Veteran's VA claims history to determine if there are any additional past-due benefits which could be reclaimed.
A veteran may appeal if their local VA office denies their claim or if the disability rating is inadequate. The VA's rules and regulations are extensive, and a disabled vet could benefit from having a knowledgeable lawyer by their side throughout the entire process.