Veterans Disability Law Explained

Veterans with disabilities often have a difficult time navigating VA rules and bureaucracy especially when filing a claim or appealing. An attorney can help reduce the chances of making mistakes and clarify the process.

Title I of ADA prohibits employers from discriminating against disabled persons who are qualified in hiring, promotions in job assignments, benefits as well as other conditions of employment.

What is a disability?

The law defines disability as a major limitation to a major life-style activity. It can be physical or mental. It can also be temporary or permanent. Disability can be apparent such as a missing limb or limb, but also invisible like depression or chronic pain.

Veterans with disabilities are entitled to certain benefits like monthly monetary compensation. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and it also requires employers to provide reasonable accommodation for qualified individuals with disabilities. Generally, an employer cannot ask an applicant whether they have a disability unless that information is requested on a voluntary basis for 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. In order to receive compensation, you must prove that your condition is related to service.

Your disability must also be related to service in order to qualify for benefits like the Aid and Attendance Program. These are programs that offer financial assistance for veterans who require help with everyday living activities such as bathing, dressing eating, grooming and eating.

It is also possible to establish service connection through presumptive service connection for some conditions such as Agent Orange exposure and Gulf War illnesses. It requires a doctor's assessment that your current condition may be caused by exposure, even if the condition was not present when you left the military.

What is a non-service-connected disability?

Many Brewton veterans disability lawyer don't know that they can qualify for disability benefits if the conditions aren't connected to their military service. These benefits are known as a non-service-connected pension, or veteran's benefit, and are dependent on assets and income. Widows and widowers who are disabled veterans may be eligible for these payments in connection with the disability of their spouse.

Employers are not able to discriminate against applicants and employees who are disabled. It is unlawful to exclude individuals from consideration for employment due to their handicap. Employers must make reasonable accommodations for people who have disabilities to ensure they can carry out the essential tasks of a job. These are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

How do I know what I am missing?

The law allows you to receive compensation if you have a service connected disability. This is an illness of the mind or body that is connected to your military service and has been rated at 10 percent or more.

An attorney who is aware of the intricacies of veterans disability law can make the process easier. They can help you determine whether you are entitled to a claim and guide you throughout the appeals process.

The law prohibits lawyers from charging a fee for assistance with a disability claim. However, they are able to charge you an amount if they assist you appeal a decision on your claim. This is how we help our clients receive all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more.

How do I make a claim?

It is important to apply for disability compensation if there is an injury, illness or condition that started or was worsened during your military service. In most cases, VA benefits will begin to be paid out from the date of your claim.

It is crucial to provide all evidence relevant to the filing of your claim. This includes medical documents from providers of civil health care that are related to the condition you've claimed. It is also important to submit copies of your discharge papers, and any other documents relating to your military service.

After you have submitted your claim, the VA will notify you online or by 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 process is collecting medical evidence to prove that the treatment is necessary for your condition. This can be done by working with your health care provider to collect letters and medical research studies from your health care professionals, as well as any other evidence you need to support your claim.

A veteran's lawyer can review your case and determine the steps needed to contest a denied claim. You may also examine your C-file to determine whether you are able to alter the effective date. You must be aware of time limits applicable to each stage of the appellate procedure. They are listed in your notice. A skilled lawyer can to speed up the process.

What is the job of an attorney?

The Department of westbury veterans disability lawyer Affairs provides tax-free benefits for disability compensation. This compensation is provided for conditions or injuries that are caused by service or worsened while serving. It also provides for depression following service.

A veteran's disability attorney who is experienced can assist Veterans to file for and receive these benefits. The attorney can also review 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 inadequate. The VA's regulations and rules are extensive and disabled veterans could benefit from having a competent lawyer on their side throughout the entire process.