Veterans Disability Law Explained
Many veterans who have disabilities have difficulty navigating VA rules and bureaucracy while filing a claim or appeal. An attorney can help decrease the likelihood of making a mistake and help provide clarity in the process.
Title I of the ADA prohibits employers from discriminating against disabled persons in hiring, advancement in job assignments, training, benefits, and other terms and conditions of employment, except for unjust hardship.
What is a disability?
The law defines disability as a major impairment that hinders an important daily activity. It can be mental or physical, and can be either temporary or even permanent. Disability can be apparent, such as a missing limb, or invisible like depression or chronic pain.
An individual who is a disabled veteran is entitled to certain benefits, such as monthly cash compensation. This compensation is based upon the VA’s percentage rating of the veteran’s disability. The ADA prohibits disability discrimination and requires employers to provide reasonable accommodations to people with disabilities. Generally speaking, employers are not able to 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 a medical condition, injury or illness that was aggravated or caused through your military service. It is imperative to prove your condition is related to your service to receive financial compensation.
In addition, to get benefits like the Aid and Attendance program, your disability has to be service connected. These programs offer financial aid to veterans who need help in daily living activities, such as dressing, bathing and eating.
You can also establish a service connection by assuming that you have service in certain conditions, like Agent Orange and Gulf War diseases. This requires a medical opinion showing that your present illness is likely caused by 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 veterans don’t realize there are disability benefits available to them if none of their disabling conditions are related to their military service. These benefits are referred to as non-service-connected pension or veteran’s benefits and are based on income and assets. Widows and widowers of disabled veterans are qualified to receive pensions based on their spouse’s disability.
Employers are not able to discriminate against employees and applicants with disabilities. It is unlawful to disqualify individuals from consideration for employment because of their disability. Employers are legally required to offer reasonable accommodations to ensure that people with disabilities can carry out the essential functions of their job. These are sometimes referred to as “reasonable modifications.” The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.
How can I tell if I am disabled?
If you are suffering from a condition that is service-related, you are entitled to compensation. That is, an illness or condition that is connected to your military service and has been assessed at 10 percent or more.
A veteran’s disability lawyer who knows the intricacies of the process much easier. They can assist you in determining whether or not you qualify for an entitlement and guide you through the appeals process.
Current law prohibits lawyers from charging for assistance with a disability claim, but they may charge a fee if they assist you in challenging the outcome of your claim. This is the way we work to ensure our clients receive all the benefits they are entitled to. To find out more, contact Fusco Brandenstein & Rada.
How do I make a claim?
If you suffer from an injury, illness or ailment that started or was caused through your military service, Veterans Disability Attorney it is important to file a claim for disability compensation. In the majority of cases, VA will award benefits beginning from the date you file your claim.
When filing a claim, it is essential to provide all evidence that is relevant including medical records from civilian health providers that pertain to your claim. You should also provide 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 online or by US mail that they received your claim. The VA will gather evidence to evaluate your claim, which can take months or years.
How do I appeal a denial?
The first step in the appeals procedure is to gather medical evidence to prove that the treatment you are seeking is needed for your particular condition. This can be accomplished by working with your health care team to get letters from your health care provider(s), research studies in medical science and any other information that supports your claim.
A veteran’s attorney can review your case and determine the appropriate steps to contest a denied claim. You could also check your C-file to see if you have the option to change your award’s effective date. It is crucial to be aware of the time limits for each stage of the appeals process, which are listed in your notice of disagreement. A skilled lawyer can speed up the process.
What is the purpose of an attorney?
The Department of veterans disability lawsuits Affairs provides tax-free benefits for disability compensation. The benefits are awarded to injuries and illnesses that occur or worsen during service, as well as for post-service depressions.
A skilled veterans disability attorney can assist a Veteran to file and win their claim for these benefits. The attorney can also look over the Veteran’s VA claim history to determine whether there are any outstanding VA benefits that can be reclaimed.
A skilled attorney can assist a Veteran in the appeals procedure if their claim is rejected by the local VA office or if their disability rating is not adequate. The VA’s rules and regulations are extensive, and a disabled vet can benefit from having a experienced lawyer by their side throughout the entire process.