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Veterans Disability Law Explained

Many veterans who have disabilities have difficulty navigating VA rules and bureaucracy when filing an appeal or making a claim. An attorney can help minimize the chance of making a mistake and help give clarity to the process.

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

What is a disability?

The law defines disability as a condition that substantially limits a major life-long activity. This could be mental or physical, and it can be temporary or permanent. Disability can be apparent such as a missing limb, or hidden such as depression or chronic pain.

Veterans who are disabled are entitled to certain benefits, such as monthly monetary compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and requires employers to offer reasonable accommodations to persons with disabilities. In general, employers cannot inquire about whether an applicant have a disability unless the information is requested on a purely voluntary basis for affirmative action purposes.

What is a condition that is service-connected?

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

Your disability must also be related to service in order to be eligible for benefits such as the Aid and Attendance Program. These are programs that offer financial assistance for veterans who require assistance in daily living activities like bathing, dressing eating, grooming, and eating.

You can also establish a service connection by assuming that you have service in certain conditions, like Agent Orange and Gulf War illnesses. This requires a medical recommendation of the doctor that shows your condition is likely due to the exposure even if you didn't suffer from the disease at the time you quit the military.

What is a non-service-connected disability?

Many veterans don't know that they can receive disability benefits if their conditions do not have anything to do with their military service. These are referred to as non-service connected pensions or veteran's benefits and are asset and income tested. Widows and widowers of disabled veterans are also qualified to receive pensions due to the disability of their spouse.

Employers are not able to discriminate against employees and applicants with disabilities. It is unlawful to exclude individuals from consideration for employment because of their disability. Employers are required to provide reasonable accommodations for employees who have disabilities to ensure that they can perform the essential functions of a job. These are sometimes referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.

How do I know what I am missing?

The law provides you with compensation if you have a disability that is connected to service. That is, an illness or condition which is related to your military service and is classified as 10 percent or more.

An attorney who is knowledgeable of the complexities of veterans disability law can make the process easier. They can help you determine if you have a valid claim and guide you through the appeals process.

Current law prohibits lawyers from charging for assistance in the initial claim for disability however, they can charge a fee if they help you challenge the outcome of your claim. This is among the ways we can help our clients get the benefits they're entitled to. Contact Fusco, Brandenstein & Rada to find out more.

How do I make a claim?

It is essential to file for disability compensation in the event that you suffer from an illness, injury, or condition that began or aggravated during your military service. In most instances, VA benefits will begin to be paid on the date you file your claim.

When filing a claim it is essential to provide all evidence that is relevant, including medical records from civil health professionals that are related to your claim. You should also submit copies of your discharge documents, as well as any other documentation related to your military service.

Once you have submitted your claim Once you have submitted your claim VA will inform you via email or US mail that your claim has been accepted. 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 in the appeals procedure is to gather medical evidence to prove that the treatment in question is necessary for your condition. This can be done by working with your health care team to obtain letters from your health care provider(s) or medical research studies, and any other information that supports your claim.

A veteran's lawyer can review your case and determine the necessary steps to contest a denied claim. You can also look back at your C-file and determine if you have the chance to alter the effective date. It is important to be aware of time limits applicable to each stage of the appellate process. These are explained in your notice. The assistance of an experienced lawyer can expedite the appeals process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is awarded for injuries and conditions that occur or become worse during service, as well as for any post-service depression.

A skilled veterans disability attorney can assist a Veteran in filing and win their claim for these benefits. He or she 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 a local VA office denies their claim, or if the disability rating isn't adequate. The VA's rules and regulations are extensive and disabled veterans disability lawsuits can benefit from having a knowledgeable lawyer by their side throughout the entire process.