Veterans Disability Law Explained

Veterans with disabilities typically have difficulty navigating VA regulations and bureaucracy especially when they are filing an appeal or submitting a claim. An attorney can provide much-needed clarity to the process and minimize the chance of errors.

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

What is a disability?

The law defines a disability as a condition that significantly limits a major life-related activity. This can be mental or physical, and it can be temporary or long-lasting. The impairments can be obvious, such as a missing limb or invisible, like chronic pain or depression.

ste genevieve veterans disability attorney with disabilities are entitled to certain benefits including monthly monetary compensation. This compensation is based upon the percentage rating that the VA assigns to the veteran with a disability. The ADA prohibits discrimination based on disability, and requires that employers provide reasonable accommodations for disabled individuals. Employers aren't able to inquire about applicants if they have a disabilities unless it is voluntary or for affirmative measures.

What is a disability that's service-connected?

A service-connected disability is a medical condition, injury or illness that was caused or worsened through your military service. It is necessary to prove that your condition is related to service in order to receive monetary compensation.

Additionally, in order to receive benefits similar to the Aid and Attendance program, your disability needs to be service-connected. These programs provide financial assistance for veterans who require assistance with daily living tasks, like bathing, dressing and eating.

You can also establish service connection by assuming service in certain conditions, like Agent Orange and Gulf War diseases. This requires a medical recommendation showing that your present illness is likely caused by the exposure, even if you didn't have the disease when you quit the military.

What is a non-service-connected disability?

Many veterans are unaware of the disability benefits available to them if none of their ailments are connected to their military service. These benefits are known as a non-service-connected pension or a veteran's benefit. They are dependent on assets and income. Widows and widowers who are disabled veterans might be eligible for these payments based on the disability of their spouse.

Employers are not able to discriminate against applicants and employees who are disabled. It is illegal to disqualify individuals from consideration for employment based on his or her disability. Employers are required to make reasonable accommodations to people with disabilities so they can be able to perform the essential duties of a 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 whether I'm disabled?

If you suffer from a disability which is service-related, then you have the right to receive compensation. This is an illness or condition that is a result of your military service and has been evaluated at 10 percent or more.

A lawyer who is familiar with the complexities of veterans disability law can simplify the process. They can help you determine whether or not you have an entitlement and help you through the appeals procedure.

Current law prevents lawyers from charging fees to assist in the initial claim for disability, but they may charge a fee if they assist you in challenging the validity of your claim. This is one of the ways we help our clients get all the benefits they are entitled to. For more information, contact Fusco Brandenstein & Rada.

How do I make a claim?

If you suffer from an illness, injury or ailment that started or was worsened by your military service it is imperative to apply for disability compensation. In the majority of cases, VA will grant benefits starting from the date you file your claim.

When you file a claim it is essential to provide all evidence relevant to the claim, including medical records from civilian health providers that pertain to your claimed conditions. Also, you should submit copies of your discharge records, and any other documents relating to your military service.

After you've submitted your claim, the VA will inform you via email or US mail that your claim has been approved. The VA will then gather the evidence 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 involves collecting medical evidence that proves the treatment you are seeking is necessary for your condition. This can be done by working with your healthcare team to gather medical research studies and letters from your medical professionals, as well as any other information that you need to support your claim.

A veteran's disability attorney can review your case and determine what steps are required to contest the denial. This may involve reviewing your C file to determine whether there is a chance to change the date effective on your award. It is important to be aware of the time limitations that apply to all levels of the appellate procedure. These are outlined in your notice. In the event of a dispute, consulting an experienced lawyer can speed up the process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is given to injuries and conditions that happen or are aggravated during service, and also for any post-service depression.

A veteran's disability lawyer who is experienced can assist gary veterans disability attorney to file for and receive these benefits. The attorney can also examine the Veteran's VA claim history to determine if there are any outstanding VA benefits that could be reclaimed.

A veteran can also appeal if the local VA office rejects their claim or the disability rating is insufficient. A veteran who is disabled can benefit from a lawyer's expertise throughout the VA's extensive rules and regulations.