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Veterans Disability Law Explained

Veterans with disabilities typically encounter difficulties navigating VA rules and bureaucracy, particularly when they file a claim or appealing. An attorney can provide much-needed clarity to the process and reduce the chance of errors.

Title I of the ADA prohibits employers from discriminating against individuals with disabilities in hiring, advancement in job assignments, training, benefits, and other terms and conditions of employment, notwithstanding unreasonable hardship.

What is a disability?

The law defines disability as an impairment that significantly limits a major life activity. It can be either mental or physical. It could also be permanent or temporary. Disability can be apparent, such as a missing limb or limb, but also invisible such as depression or chronic pain.

An individual who is a veteran with a disability is entitled to certain benefits, such as monthly cash compensation. This compensation is based on the percentage rating that the VA assigns to the veteran with a disabled. The ADA prohibits discrimination based on disability and requires employers to make reasonable accommodations for individuals with disabilities. Generally speaking, employers 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 impairment is a medical condition or illness that was brought on or worsened through your military service. It is imperative to prove your condition is related to service in order to receive monetary compensation.

Your condition must also be related to your service in order to qualify for benefits like the Aid and Attendance Program. These are programs that provide financial assistance for veterans who require assistance in daily living activities such as bathing, dressing food preparation, grooming and eating.

You can also establish a service connection by presuming service connection in certain conditions, like Agent Orange and Gulf War diseases. This requires a medical diagnosis which states that your current problem is likely due to the exposure even if you didn’t have the disease when you left the military.

What is a non-service-connected disability?

Many veterans disability lawyers don’t know that they are eligible for disability benefits even if their circumstances do not have anything to do with their military service. These benefits are known as non-service-connected pension or veteran’s benefit, and are based on income and assets. Widows and widowers who are disabled veterans may be eligible for these payments in connection with the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is illegal to disqualify individuals from the consideration of employment because of his or her disability. Employers are required to make reasonable accommodations to people who have disabilities to ensure they can complete the essential functions of their 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 if I am disabled?

The law gives you compensation if you are suffering from a service connected disability. This is a mental or physical condition that is related to your military service and is rated at 10 percent or more.

A veteran’s disability lawyer who understands the intricacies can make the process easier. They can help you determine whether you are entitled to a claim and assist you through the appeals process.

Current law prevents lawyers from charging fees for assistance with a disability claim however, they can charge a fee if they assist you in challenging the decision made on your claim. This is among the ways we help our clients receive the benefits they’re entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I make a claim?

It is crucial to apply for disability compensation if you have an illness, injury or condition that started or was worsened during your military service. In the majority of cases, VA benefits will begin to be paid on the date of your claim.

When you file a claim it is crucial to submit any evidence of relevance including medical records from health professionals that are related to your claimed conditions. You should also submit copies of your discharge documents, and any other documents relating to your military service.

After you’ve submitted your claim, the VA will notify you via email or US mail that your claim has been received. The VA will gather evidence to evaluate 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 gather letters from your health care provider(s) and medical research studies, as well as any other information that supports your claim. You can accomplish this by working with your healthcare team to gather medical research studies and letters from your health care professionals, as well as any other information you require to prove your claim.

A veteran’s lawyer can review your case and determine the appropriate steps to contest a denied claim. You can also review your C-file to see if you have the opportunity to alter your award’s effective date. Be aware of the deadlines applicable to each stage of the appellate process. These are explained in your notice. A skilled lawyer can to 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 conditions that happen or are exacerbated during service, and also for post-service depressions.

A skilled veterans disability attorney can assist a Veteran in filing and get their claim approved for these benefits. He or she can review the Veteran’s VA claim information to determine if there are any outstanding VA benefits that could be recovered.

An experienced attorney can also help a Veteran through the appeals procedure if their claim is denied by the local VA office or if their disability rating is not sufficient. The VA’s regulations and rules are extensive and disabled veterans will benefit from having a knowledgeable lawyer by their side throughout the entire process.