Veterans Disability Law Explained
Veterans with disabilities usually encounter difficulties navigating VA regulations and bureaucracy especially when filing an appeal or submitting a claim. An attorney can provide much-needed clarity to the process and minimize the risk of making mistakes.
Title I of the ADA prohibits employers from discriminating against disabled people who are qualified in hiring, promotions in job assignments, benefits, training, and other conditions of employment.
What is a disability?
The law defines disability as an impairment that substantially limits a major life-related activity. It can be either mental or physical. It can also be permanent or temporary. It is possible for disabilities to be obvious, such as a missing limb, or invisible like depression or chronic pain.
Veterans with disabilities are entitled certain benefits, such as a monthly monetary compensation. The amount of compensation is determined by the percentage rating that the VA assigns to the veterans disabilities. The ADA is a law that prohibits discrimination on the basis of disability and requires employers to make reasonable accommodations for people with disabilities. Employers aren't able to inquire about applicants whether they have a disability unless they are voluntarily and for affirmative action.
What is a disability that is service-connected?
A service-connected disability is a medical condition, injury or illness that was aggravated or caused through your military service. To be eligible for compensation, you must prove that your condition is service-connected.
Your condition must also be related to your service in order to qualify for benefits such as the Aid and Attendance Program. These programs provide financial assistance to veterans who require help with daily activities such as dressing, bathing and eating.
It is also possible to establish a service connection through presumptive service connection for some ailments like Agent Orange exposure and Gulf War diseases. This requires a medical diagnosis showing that your present illness is likely caused by the exposure even if it was not the case that you didn't have the disease when you quit the military.
What is a non-service-connected disability?
Many
veterans disability law firms don't realize there are disability benefits for those who have no of their disabilities are related to their military service. These benefits are referred to as a non-service-connected pension, or veteran's benefit, and are dependent on assets and income. Widows and widowers of disabled veterans are also eligible for payments in accordance with the condition of their spouse's disability.
Employers must not discriminate against applicants or employees who have disabilities. It is unlawful to exclude people from consideration for employment due to their disability. Employers are required to provide reasonable accommodations to people who have disabilities to ensure that they can perform the essential duties of their job. They are also referred to as "reasonable adjustments." 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 are entitled to compensation. That is, a mental or physical condition that is a result of your military service and has been rated at 10 percent or more.
A veteran's disability lawyer who knows the intricacies of the process simpler. They can assist you in determining whether you have a valid claim and help you navigate the appeals process.
The law currently prohibits lawyers from charging for assistance in a disability claim however, they are able to charge a fee if they help you challenge the decision made on your claim. This is the way we work to ensure our clients receive all the benefits they are entitled to. Contact Fusco, Brandenstein & Rada to find out more.
How do I make a claim?
It is essential to apply for disability compensation if there is an injury, illness or ailment that began or aggravated during your military service. In the majority of cases, the VA will award benefits beginning from the date you filed your claim.
When filing a claim, it is crucial to submit all relevant evidence, including medical records from health providers that pertain to the conditions you claim. It is also important to submit copies of your discharge records, as well as any other documentation related to your military service.
After you've 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 case, which can take months or even years to complete.
How do I appeal a denial?
This is done by working with your health care team to gather letters from your health care provider(s) as well as medical research studies and any other information that can support your claim. You can accomplish this by working with your health care team to collect medical research studies and letters from your healthcare providers, as well as any other information that you need to support your claim.
A veteran's disability attorney will review your case to determine what steps you must take to contest a denial. This can include looking back at your C file to see whether there is an opportunity to change the date effective on your award. It is vital to be aware of the time limitations for each level of the appeals process which are laid out in your notice of disagreement. Getting the help of an experienced lawyer can expedite the appeals process.
What is the role of an attorney?
The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given to injuries and conditions that happen or are exacerbated during service, as well as for any post-service depression.
A skilled
veterans Disability attorney (
www.mallangpeach.Com) can help a Veteran file and win their claim for these benefits. He or she can also look over the Veteran's VA claim information to determine if there are any past due VA benefits that could be recovered.
A veteran can also appeal if the local VA office rejects their claim or the disability rating is insufficient. The VA's rules and regulations are extensive, and a disabled vet can benefit from having a competent lawyer on their side throughout the entire process.