Veterans Disability Law Explained

Veterans with disabilities typically struggle to navigate VA rules and bureaucracy, especially when they are filing an appeal or submitting 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 disabled individuals who are qualified when it comes to hiring, advancements or job assignments, as well as benefits and training as well as other terms of employment.

What is a disability?

The law defines disability as a significant impairment that hinders an important activity of daily living. It can be mental or physical. It could be permanent or temporary. Disability can be apparent such as a missing limb or limb, but also invisible like depression or chronic pain.

Veterans with disabilities are entitled certain benefits, including an annual monetary payment. The amount paid is based on the percentage rating that the VA assigns to the veterans disabled. The ADA prohibits disability discrimination and requires employers to make reasonable accommodations for individuals with disabilities. Employers are not able to ask applicants if they have a disabilities except if it is voluntary or for affirmative measures.

What is a condition that is service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or aggravated through your military service. It is imperative to prove that your medical condition is service-connected to receive financial compensation.

Your disability must also be service-related in order to qualify for Veterans disability attorney benefits like the Aid and Attendance Program. These are programs that provide financial aid to veterans who require help with daily activities like bathing, dressing, eating and grooming.

You can also establish service connection by assuming service connection in certain conditions, like Agent Orange and Gulf War illnesses. This requires a doctor's opinion of the doctor that shows your condition is likely due to the exposure even if you did not 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 are known as non-service connected pensions or veteran's pensions and are asset and income tested. Widows and widowers who are disabled veterans might also be eligible for benefits based on the disability of their spouse.

Employers cannot discriminate against employees and applicants who are disabled. It is unlawful to disqualify people from consideration for employment due to their handicap. Employers are required to provide reasonable accommodations for those with disabilities so that they can perform the essential functions 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 do I know if I am disabled?

If you are suffering from a condition that is related to service, you have the right to receive compensation. It is a physical or psychological condition that is directly connected to your military service, and is rated at 10 percent or more.

A veteran's disability lawyer that is knowledgeable of the intricacies of the process easier. They can assist you in determining whether you have a valid claim and help you navigate the appeals process.

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

How do I submit a claim?

If you're suffering from an injury, illness or condition that was triggered or was aggravated due to your military service, it is crucial to apply for disability compensation. In the majority of instances, VA benefits will begin to be paid on the date of your claim.

When you file a claim it is crucial to submit any evidence of relevance including medical records from your civilian health care providers that relate to your claimed conditions. You should also submit copies your discharge documents and any other documents related to your military service.

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

How do I appeal a denial?

The first step in the appeals process is to collect medical evidence that proves 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) as well as research studies on medical conditions and any other information that supports your claim.

A veteran's attorney will review your case and determine the steps required to contest a claim that has been denied. This may involve looking back at your C file to determine whether there is an opportunity to alter the date of effective on your award. It is important to be aware of the deadlines for each stage of the appeals process, which are listed in your notice of disagreement. A consultation with an experienced lawyer can speed up the procedure.

What is the role of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. The benefits are awarded to injuries and conditions that happen or are exacerbated 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. The attorney will also examine a veteran's VA claims history to determine if there are additional past-due benefits that could be recovered.

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 adequate. The VA's rules and regulations are extensive, and a disabled vet could benefit from having a experienced lawyer by their side throughout the entire process.