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Veterans Disability Law Explained

Many disabled veterans have difficulty navigating VA rules and bureaucracy when submitting an appeal or claim. An attorney can to minimize the risk of making a mistake and help provide clarity in the process.

Title I of ADA prohibits employers from discriminating against disabled people who are qualified in hiring, promotions or job assignments, as well as benefits and training as well as other terms of employment.

What is a disability?

The law defines disability as an impairment that limits a major everyday activity. It could be physical or mental, and it could be temporary or even permanent. The impairments can be obvious, such as a missing limb or invisible, like depression or chronic pain.

Veterans who are disabled are entitled to certain benefits, including monthly monetary 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 provide reasonable accommodation for qualified individuals with disabilities. Generally speaking, employers cannot inquire from an applicant if they have a disability, unless the information is requested on a voluntary basis for affirmative actions.

What is a service-connected impairment?

A service-connected disability is an injury, medical condition or illness that was caused or aggravated by your military service. To receive compensation, you must prove that your condition is related to service.

Your impairment must also be a result of a service in order to qualify for benefits like the Aid and Attendance Program. These programs provide financial assistance to greenfield veterans disability attorney who need help with daily activities such as dressing, bathing and eating.

It is also possible to establish service connection through presumptive service connection for certain conditions, such as Agent Orange exposure and Gulf War diseases. This requires a medical recommendation of the doctor that shows your problem is likely due to the exposure even if you didn’t suffer from the disease at the time you left the military.

What is a non-service-connected disability?

Many clinton veterans disability attorney are unaware of the disability benefits available if none of their disabling conditions are 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 of disabled veterans are also eligible to receive payments dependent on the disability of their spouse.

Employers should not discriminate against applicants or employees with disabilities. It is illegal to exclude an applicant from consideration because of their handicap. Employers must make reasonable accommodations for those who have disabilities to ensure they can be able to perform the essential functions of their 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 whether I’m disabled?

If you suffer from a handicap which is service-related, then you can claim compensation. This is an illness of the mind or body that is related to your military service and is assessed at 10 percent or more.

A veteran’s disability lawyer who is familiar with the intricacies can make the process easier. They can help you determine whether you have a valid claim and guide you throughout the appeals process.

The law currently prohibits lawyers from charging for assistance in the initial claim for disability however, they are able to charge a fee if they help you challenge the validity of your claim. This is among the ways we work to help our clients obtain the benefits they’re entitled to. Contact Fusco, Brandenstein & Rada to learn more.

How do I submit a claim?

If you suffer from an injury, illness or condition that was triggered or was caused by your military service it is important to apply for disability compensation. In most cases, the VA will award benefits beginning from the date you file your claim.

When filing a claim it is critical to submit any evidence of relevance, including medical records from health care providers that relate to your claimed ailments. You should also submit copies your discharge records and any other documentation related to your military service.

Once you have submitted your claim the VA will notify you on the internet or by US mail that they received your claim. The VA will then gather the evidence required to review your case, which could take months or even years to complete.

How do I appeal a denial?

This is done by working with your health care team to gather letters from your health care provider(s) and medical research studies, and any other information that supports your claim. You can accomplish this by working with your health care team to collect letters and medical research studies from your health care providers and any other information you need to support your claim.

A veteran’s lawyer can review your case and determine the necessary steps to challenge a denied claim. This could include looking back at your C file to determine whether there is an opportunity to alter the date of effective on your award. It is essential to be aware of the time limitations for each stage of the appeals procedure, which are outlined in your notice of disagreement. A skilled lawyer can speed up 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 illnesses that occur or become worse during service, and also for post-service depressions.

A veteran’s disability lawyer who is knowledgeable can assist Veterans file and win these benefits. He or she may also examine the Veteran’s VA claim information to determine if there are any past-due VA benefits that can be recovered.

An experienced lawyer can assist a Veteran through the appeals process if their claim is rejected by the local VA office or their disability rating is not enough. The VA’s regulations and rules are extensive and disabled veterans can benefit from having a experienced lawyer by their side throughout the entire process.