Write About Everything

Veterans Disability Law Explained

broussard veterans disability Attorney with disabilities usually struggle to navigate VA regulations and bureaucracy particularly when they file a claim or appealing. An attorney can provide much-needed clarity in the process, and help reduce the risk of mistakes.

Title I of the ADA prohibits employers from discriminating against qualified disabled individuals in hiring, advancement in job assignments, training, benefits, and other conditions of employment, absent undue hardship.

What is a disability?

The law defines disability as a major impairment that limits a major everyday activity. It can be either physical or mental. It could be temporary or permanent. Disabilities can be obvious such as a missing limb, or obscure such as depression or chronic pain.

A disabled veteran is entitled to certain benefits, including monthly financial compensation. The amount of compensation is determined by the percentage rating that the VA assigns to the veteran with a disabled. The ADA prohibits discrimination based on disability, and it also requires that employers provide reasonable accommodation for qualified disabled individuals. Generally speaking, employers cannot inquire about whether an applicant have a disability unless the information is requested on a voluntary basis to serve affirmative action reasons.

What is a disability that is service-connected?

A service-connected impairment is an illness or medical condition that has been caused or aggravated by your military service. It is important to prove your medical condition is service-connected to be eligible for monetary compensation.

In addition, in order to receive benefits similar to the Aid and Attendance program, your disability has to be service-connected. These are programs that offer financial aid to veterans who require assistance with everyday living activities like bathing, dressing food preparation, grooming and eating.

It is also possible to establish service connection through presumptive service connections for certain conditions, such as Agent Orange exposure and Gulf War illnesses. This requires a doctor’s opinion that your present condition could be caused by exposure, even if the condition was not present at the time you left the service.

What is a non-service-connected disability?

Many veterans don’t realize there are disability benefits that are available even if none of their medical conditions are related to their military service. These are referred to as non-service connected pensions or veteran’s benefits and are based on income and assets. Widows and widowers of disabled veterans are also qualified to receive pensions based on their spouse’s disability.

Employers cannot discriminate against applicants or employees who have disabilities. It is illegal to bar someone from consideration for employment due to their disability. Employers are instead obliged to provide reasonable accommodations so that employees with disabilities can carry out the essential functions of their job. They are also known as “reasonable adjustments.” 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 are suffering from a condition which is service-related, then you are entitled to compensation. It is a psychological or physical condition that is directly related to your military service, and is rated at 10 percent or more.

An attorney who is knowledgeable of the complexities of the law governing veterans disability can simplify the process. They can assist you in determining whether or not you are eligible for a claim and help guide you through the appeals process.

Current law prevents lawyers from charging for assistance with a disability claim However, they may charge a fee if they help you challenge the validity of your claim. This is among 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 injury, illness or condition that was triggered or was caused by your military service, it is essential to apply for disability compensation. In most instances, VA benefits will begin to be paid on the date of your claim.

When submitting a claim, it is critical to submit all evidence relevant to the claim including medical records from health providers that pertain to your claimed conditions. It is also important to submit copies of your discharge records as well as any other documentation related to your military service.

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

How do I appeal a denial?

The first step of the appeals process involves collecting medical evidence that proves that the treatment you are seeking is required for your condition. You can accomplish this by working with your healthcare team to collect letters and medical research studies from your health care providers, as well as any other information you need to support your claim.

A veteran’s attorney can review your case and determine the appropriate steps to challenge a denied claim. You can also review your C-file and determine if you have the chance to change your award’s effective date. Be aware of the time limitations applicable to each stage of the appellate procedure. These are detailed in your notice. An experienced lawyer can to speed up the process.

What is the role of an attorney?

The Department of presque isle veterans disability attorney Affairs provides tax-free benefits for disability compensation. The benefits are provided for injuries or illnesses that result from service, or exacerbated while serving. It also will cover depression following service.

A veteran’s disability attorney skilled in this field can assist Veterans apply for and get these benefits. He or she can review the Veteran’s VA claim background to determine if there are any past due VA benefits that could be reclaimed.

A skilled attorney can help a Veteran through the appeals process when their claim is rejected by the local VA office or if their disability rating is not sufficient. A veteran who is disabled is able to benefit from a lawyer’s knowledge of the VA’s vast rules and regulations.