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Veterans Disability Law Explained

Veterans with disabilities frequently have a difficult time navigating VA rules and bureaucracy, particularly when they file an appeal or filing a claim. An attorney can bring clarity in the process, and help reduce the chance of making mistakes.

Title I of the ADA prohibits employers to discriminate against disabled individuals who are qualified, in hiring, advancements and job assignments, benefits, training, and other conditions of employment.

What is a disability?

The law defines disability as an impairment that hinders an important life-style activity. It could be mental or physical. It could also be permanent or temporary. These disabilities can be apparent, like a missing limb or invisible, like chronic pain or depression.

Veterans with disabilities can enjoy certain benefits, such as an annual monetary payment. The amount of compensation is determined by the percentage rating that the VA assigns to the veterans handicap. The ADA prohibits discrimination based on disability, and it also requires that employers provide reasonable accommodation for qualified persons with disabilities. Employers cannot ask an applicant whether they have a disability unless they are voluntarily and in the case of affirmative actions.

What is a disability that is service-connected?

A service-connected impairment is an illness or medical condition that has been caused or worsened by your military service. To be eligible for compensation, one must prove that your condition is caused by service.

In addition, in order to get benefits like the Aid and Attendance program, your disability has to be service-connected. These are programs that offer financial assistance for veterans who require help with daily activities such as dressing, bathing eating, grooming and eating.

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

What is a non-service-connected disability?

Many veterans do not know that they may be eligible for disability benefits if their conditions are not related to their military service. These are called non-service connected pensions or veteran's pensions and are asset and income tested. Widows and widowers who are disabled veterans could be eligible for these payments based on the disability of their spouse.

Employers are not able to discriminate against employees and applicants who are disabled. It is illegal to exclude an individual from consideration for employment based on the disability. Rather, employers are legally required to offer reasonable accommodations to ensure that people who are disabled can perform the essential functions of a job. They are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

What can I do to determine whether I'm a disabled person?

If you suffer from a handicap which is service-related, then you have the right to receive compensation. It is a physical or psychological condition that is directly linked to your military service and is classified as 10% or more.

An attorney who is knowledgeable of the complexities of the law governing veterans disability can make the process less stressful. They can assist you in determining whether you have a valid claim and guide you throughout the appeals process.

The law currently prohibits lawyers from charging fees for assistance in the initial claim for disability, but they may charge a fee when they help you challenge the outcome of your claim. This is how we can help our clients receive all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more.

How do I file a claim?

If you suffer from an illness, injury or condition that started in or was aggravated due to your military service, it is essential to file a claim for disability benefits. In most cases, VA benefits will begin to be paid after the date you file your claim.

When you file a claim it is essential to provide all evidence that is relevant, including medical records from your civilian health care providers that relate to the conditions you claim. It is also important to submit copies of your discharge papers and any other documents that pertain 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 review your claim, which could take months or even years.

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 supports your claim. This can be done by working with your health care team to collect medical research studies and letters from your healthcare providers, as well as any other information you require to prove your claim.

An attorney for veterans disability lawyers can look over your case and determine the steps required to challenge a denied claim. This can include looking back at your C file to determine whether there is an opportunity to change the effective date on your award. You must be aware of time limits that apply to all levels of the appellate procedure. These are explained in your notice. Getting the help of an experienced lawyer can speed up the appeals procedure.

What is the function of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is provided for injuries or illnesses that are caused by serving, or aggravated by serving. Also, it will cover depression following service.

A knowledgeable veterans disability attorney can assist a Veteran in filing and be successful in claiming these benefits. They will also go through a Veteran's VA claims history to determine if there are any additional past due benefits that may be recovered.

A veteran may appeal if the local VA office refuses to accept their claim or if the disability rating is insufficient. A veteran who is disabled is able to benefit from a lawyer's knowledge of the VA's extensive rules and regulations.