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Veterans Disability Law Explained

Veterans with disabilities usually have a difficult time navigating VA regulations and bureaucracy particularly when they file an appeal or filing a claim. An attorney can provide much-needed clarity in the process, and help reduce the risk of making mistakes.

Title I of the ADA prohibits employers from discriminating against qualified people with disabilities when it comes to hiring, promotion and job assignments, as well as training, benefits and other conditions of employment, absent unreasonable hardship.

What is a disability?

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

Veterans who are disabled are entitled to certain benefits, including a 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 requires that employers provide reasonable accommodations for people with disabilities. Generally speaking, employers are not able to ask an applicant whether they have a disability, unless the information is requested on a voluntary basis, for affirmative action reasons.

What is a condition 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 necessary to prove that your condition is related to your service in order to be eligible for financial compensation.

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 aid for veterans who require assistance in daily living activities such as dressing, bathing, eating and grooming.

You can also establish service connection by assuming that you have service in certain conditions, such as Agent Orange and Gulf War diseases. This requires a physician's opinion that your present health condition may be caused by exposure, even if it wasn't present when you left the service.

What is a non-service-connected disability?

Many veterans do not know that they can receive disability benefits if their conditions aren't connected to their military service. These benefits are referred to as non-service connected pension or veteran's benefits and are dependent on assets and income. Widows widowers and widowers who are disabled veterans might also be eligible for payments due to the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is illegal to bar an individual from being considered for employment due to their disability. Employers must make reasonable accommodations to people with disabilities so 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 be provided.

How can I tell if I am disabled?

If you suffer from a handicap that is related to service, you have the right to receive compensation. This is a physical or firm mental condition that is a result of your military service and is assessed at 10 percent or more.

Having an attorney who understands the complexities of the law governing veterans disability attorneys disability can simplify the process. They can assist you in determining if you have a valid claim and guide you throughout the appeals process.

Current law prevents lawyers from charging for firm assistance with a disability claim however, they can charge a fee if they help you challenge the decision made on your claim. This is how we ensure that our clients get all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I make a claim?

If you're suffering from an injury, illness or condition that was triggered or was aggravated by your military service, it is crucial to apply for disability compensation. In the majority cases, the VA will award benefits beginning on the day you filed your claim.

When filing a claim it is imperative to provide all evidence that is relevant, including medical records from civilian health providers that pertain to your claimed ailments. It is also important to submit copies of your discharge papers, and any other documents that relate to your military service.

After submitting your claim, the VA will notify you online or by US mail that they received your claim. The VA will then gather the evidence to review your claim, which may take months or even years to complete.

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), medical research studies, and any other information that can support your claim. You can accomplish this by working with your health care provider to collect letters and medical research studies from your health care providers, as well as any other information you need to prove your claim.

An attorney for veterans with disabilities will review your case to determine the necessary steps to contest a denial. This may include reviewing your C file to determine whether there's a possibility to change the effective date on your award. It is vital to be aware of the time limits for each stage of the appeals procedure, which are outlined in your notice of disagreement. A consultation with an experienced lawyer can speed up this procedure.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. The benefits are awarded to injuries and illnesses that occur or are exacerbated during service, and also for post-service depressions.

A skilled veteran disability attorney can help a Veteran file and win their claim for these benefits. The attorney will also go through a Veteran's VA claims history to determine if there is additional past due benefits that may be recovered.

An experienced attorney can also help a Veteran through the appeals process when their claim is rejected by the local VA office or their disability rating is not enough. Veterans who are disabled could benefit from an attorney's expertise throughout the VA's extensive rules and regulations.