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Veterans Disability Law Explained

Many disabled veterans struggle to navigate VA rules and bureaucracy when submitting an appeal or claim. An attorney can to minimize the risk of making mistakes and provide clarity in the process.

Title I of ADA prohibits employers to discriminate against disabled persons who are qualified, in hiring, advancements or job assignments, as well as benefits as well as other conditions of employment.

What is a disability?

The law defines disability as a condition that significantly limits a major life-long activity. This could be mental or physical and it could be temporary or even permanent. It is possible for disabilities to be obvious, such as a missing limb, or invisible like depression or chronic pain.

Veterans with disabilities are entitled certain benefits like monthly monetary compensation. This compensation is based upon the percentage rating that the VA gives the veterans disability lawsuit with handicap. The ADA prohibits discrimination based on disability, and requires that employers provide reasonable accommodation for qualified disabled individuals. In general, employers cannot ask an applicant whether they are disabled unless the information is requested on a voluntary basis to serve affirmative actions.

What is a disability that's service-connected?

A service-connected impairment is a medical condition or illness that has been caused or worsened by your military service. To be eligible for compensation, you must prove the condition you suffer from is service-connected.

Your impairment must also be a result of a service in order to be eligible for benefits like the Aid and Attendance Program. These programs offer financial aid to veterans who require help with daily living activities, such as bathing, dressing and eating.

You can also establish service connection by assuming that you have service in certain conditions, like Agent Orange and Gulf War illnesses. This requires a doctor's recommendation that your current condition could be due to exposure even if the condition was not present at the time you left the service.

What is a non-service-connected disability?

Many veterans do not realize that there are disability benefits available if none of their disabilities are related to their military service. These are referred to as non-service connected pension or veteran's pension, and are income and asset tested. Widows and widowers of disabled veterans are also qualified to receive pensions based on their spouse's disability.

Employers are not allowed to discriminate against applicants or employees who have disabilities. It is illegal to bar the applicant from consideration for employment because of his or her disability. Rather, employers are required to provide reasonable accommodations to ensure that those who are disabled can perform the essential duties of a 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 allows you to receive compensation if you suffer from a disability that is connected to service. This is a mental or physical condition that is connected to your military service and is evaluated at 10 percent or more.

A veteran's disability lawyer who is familiar with the intricacies can make the process much easier. They can help you determine whether or if you have an entitlement and help you through the appeals procedure.

The law prohibits lawyers from charging a fee for assistance with a disability claim. However, they may charge you fees if they help you appeal a decision on your claim. This is one of the ways we assist our clients get the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to find out more.

How do I make a claim?

It is essential to apply for disability compensation if there is an injury, illness, or ailment that began or was worsened during your military service. In most instances, VA benefits will begin to be paid out from the date you file your claim.

When submitting a claim, it is crucial to submit all relevant evidence including medical records from civil health professionals that are related to your claimed conditions. You should also provide copies of your discharge documents, and any other documents that relate to your military service.

Once you have submitted your claim the VA will notify you via email or via US mail that they have received your claim. The VA will collect evidence to review your claim, which can take months or years.

How do I appeal a denial?

The first step of the appeals process is to collect medical evidence that shows that the treatment you are seeking is required for your condition. This can be done by working with your healthcare team to collect medical research studies and letters from your health care professionals, as well as any other information you require to support your claim.

A lawyer for veterans' disability can review your case and determine what steps are required to contest a denial. This may involve reviewing your C file to determine whether there is a chance to alter the date of effective on your award. It is important to be aware of time limits that apply to all levels of the appellate procedure. These are outlined in your notice. An experienced lawyer can help accelerate the process.

What is the purpose of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is provided for injuries or conditions that are caused by serving, or aggravated by serving. It also will cover depression following service.

A skilled veterans disability attorney can assist a Veteran to file and get their claim approved for these benefits. The attorney will also examine a veteran's VA claims history to determine if there is additional past-due benefits which could be reclaimed.

A veteran can appeal if their local VA office denies their claim, or if the disability rating is insufficient. The VA's rules and regulations are extensive and disabled veterans can benefit from having an competent lawyer on their side throughout the entire process.