veterans disability lawyer Disability Law Explained

Many disabled veterans have to navigate VA rules and bureaucracy while filing an appeal or making a claim. An attorney can bring clarity to the process and minimize the risk of mistakes.

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

What is a disability?

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

Veterans with disabilities can enjoy certain benefits, such as the monthly payment of 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 employers to make reasonable accommodations for those with disabilities. Generally speaking, employers cannot inquire about an applicant's disability unless they have a disability unless the information is requested on a voluntary basis, for affirmative action purposes.

What is a service-connected impairment?

A service-connected impairment is an illness or medical condition that has been brought on or worsened through your military service. It is imperative to prove your condition is service connected to be eligible for monetary compensation.

In addition, to qualify for benefits such as the Aid and Attendance program, your disability has to be service connected. These are programs that offer financial aid to veterans who require help with everyday living activities such as bathing, dressing eating, grooming and eating.

It is also possible to establish a service connection through presumptive connections to service for some conditions such as Agent Orange exposure and Gulf War illnesses. This requires a doctor's opinion showing that your current condition is likely due to 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 know that they can qualify for disability benefits if their ailments aren't connected to their military service. They are referred to as non-service-connected pension or veteran's pension and are subject to asset and income tests. Widows and veterans disability attorney widowers of disabled veterans are eligible to receive payments due to the disability of their spouse.

Employers are not able to discriminate against applicants and employees who are disabled. It is illegal to bar an individual from the consideration of employment because of the disability. Rather, employers are obliged to provide reasonable accommodations to ensure that people with disabilities can fulfill the essential tasks of their job. They are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How can I tell what I am missing?

The law provides you with compensation if you have a service connected disability. That is, an illness or condition that is a result of your military service and is rated at 10 percent or more.

An attorney who is knowledgeable of the intricacies of the law governing veterans disability can simplify the process. They can help you determine whether or not you qualify for a claim and help guide you through the appeals procedure.

The law prohibits lawyers from charging fees to assist you with your initial disability claim. However, they may charge you an amount if they assist you appeal a decision made on your claim. This is one of the ways we can help our clients receive the benefits they are entitled to. To learn more, contact Fusco Brandenstein & Rada.

How do I file a claim?

If you suffer from an injury, illness or ailment that started or was aggravated through your military service, it is important to file for disability compensation. In most cases, VA benefits will begin to be paid out from the date you file your claim.

It is important to provide all evidence that is relevant when submitting a claim. This includes medical documents from providers of civil health care, which are relevant to the conditions that you have filed a claim for. You should also provide copies of your discharge papers, 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 received your claim. The VA will then collect the evidence necessary to evaluate your case, which can take months or even years to complete.

How do I appeal a denial?

The first step of the appeals process is collecting medical evidence that proves that the treatment in question is necessary for your condition. This can be done by working with your health care provider to get letters from your health care provider(s), research studies on medical conditions and any other information that supports 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 determine if you have the chance to alter your award's effective date. It is important to be aware of the time limits for each stage of the appeals process, that are detailed in your notice of disagreement. A skilled lawyer can speed up the process.

What is the role an attorney plays?

The Department of Veterans Affairs offers tax-free disability compensation benefits. The benefits are awarded to injuries and other conditions that develop or worsen during service, as well as for post-service depressions.

A skilled veterans disability attorney can assist a Veteran in filing and successfully claim these benefits. He or she can also look over a Veteran's VA claims history to determine if there are additional past due benefits that may be reclaimed.

An experienced lawyer can assist a Veteran through the appeals procedure if their claim is denied by the local VA office or if their disability rating is not adequate. The VA's regulations and rules are extensive, and a disabled vet could benefit from having a knowledgeable lawyer by their side throughout the entire process.