Veterans Disability Law Explained
Veterans with disabilities frequently have difficulty navigating VA regulations and bureaucracy especially when they are filing a claim or appealing. An attorney can provide much-needed clarity to the process and reduce the risk of making mistakes.
Title I of ADA prohibits employers from discriminating against qualified individuals with disabilities in hiring, promotions in job assignments, benefits as well as other conditions of employment.
What is a disability?
The
law defines a disability as a condition that substantially limits a major life-long activity. It could be mental or physical, and it can be temporary or long-lasting. The impairments can be obvious, like a missing limb, or invisible, like depression or chronic pain.
A veteran with a disability is entitled to certain benefits, including monthly monetary compensation. The amount of compensation is determined by the percentage rating that the VA assigns to the veteran with a disabled. The ADA is a law that prohibits discrimination on the basis of disability and requires employers to make reasonable accommodations for people with disabilities. Generally speaking, employers cannot ask an applicant whether they have a disability unless the information is requested on a voluntary basis for affirmative action reasons.
What is a service-connected disability?
A service-connected impairment is a medical condition or illness that was caused or exacerbated by your military service. To be eligible for compensation, one must prove that your condition is related to service.
Your impairment must also be a result of a service in order to be eligible for benefits such as the Aid and Attendance Program. These are programs that offer financial aid for
veterans disability attorneys who require assistance in daily living activities such as dressing, bathing,
bbarlock.com eating and grooming.
You can also establish a service connection by assuming service connection in certain conditions, such as Agent Orange and Gulf War diseases. This requires a doctor's opinion that your present condition could be caused by exposure, even if the condition was not present when you quit the service.
What is a non-service-connected disability?
Many veterans don't realize there are disability benefits available if none of their disabilities are related to their military service. These benefits are known as non-service-connected pension or veteran's benefit. They are dependent on assets and income. Widows and widowers of disabled veterans are also eligible for payments based on their spouse's disability.
Employers are not allowed to discriminate against applicants and employees with disabilities. It is unlawful to exclude an individual from consideration for employment because of his or her disability. Employers are required to provide reasonable accommodations for people with disabilities so they can carry out 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 can I tell whether I'm disabled?
The law provides you with compensation if there is a service-related disability. That is, an illness of the mind or body which is related to your military service and has been rated at 10 percent or more.
A lawyer who is familiar with the complexities of veterans disability law can make the process easier. They can help you determine whether or not you have an entitlement and help you through the appeals process.
Current law prevents lawyers from charging for assistance with an initial disability claim however, they are able to charge a fee when they help you challenge the outcome of your claim. This is how we ensure that our clients get all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to learn more.
How do I file a claim?
It is essential to file for disability compensation if there is an illness, injury or illness that began or was aggravated during your military service. In the majority cases, the VA will award benefits beginning on the day you filed your claim.
It is important to submit all evidence relevant to the filing of your claim. This includes medical records from providers of civilian health care services that are relevant to the conditions that you have claimed. It is also important to submit copies of your discharge records, as well as any other documentation related to your military service.
Once you have submitted your claim the VA will notify you via email or via US mail that they received your claim. The VA will then collect the evidence necessary to evaluate your claim, which could 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 that the treatment you're seeking is essential to your condition. You can accomplish this by working with your healthcare team to collect letters and medical research studies from your health care professionals and any other evidence you need to support your claim.
A lawyer for veterans' disability will review your case to determine what steps are required to contest the denial. You can also review your C-file to determine if you are able to alter the effective date. It is essential to be aware of the time limits for each level of the appeals process, which are outlined in your notice of disagreement. In the event of a dispute, consulting an experienced lawyer can expedite the procedure.
What is the role of an attorney plays?
The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is granted for
bbarlock.com injuries and other conditions that develop or worsen during service, as well as for post-service depressions.
A veteran's disability lawyer who is knowledgeable can assist Veterans file and win these benefits. He or she will also go through a Veteran's VA claims history to determine if there are any other past-due benefits that can be recovered.
An experienced lawyer can assist a Veteran through the appeals process when their claim is denied by the local VA office or their disability rating is not enough. The VA's regulations and rules are extensive and disabled veterans will benefit from having a skilled lawyer on their side throughout the entire process.