veterans disability lawyer Disability Law Explained
Many disabled veterans struggle to navigate VA rules and bureaucracy in filing a claim or appeal. An attorney can to minimize the risk of making a mistake and help clarify the process.
Title I of the ADA prohibits employers from discriminating against qualified disabled individuals in hiring, promotion in job assignments, training, benefits and other conditions of employment, except for undue hardship.
What is a disability?
The law defines disability as an impairment that limits a major daily activity. It could be mental or physical. It could be temporary or permanent. Disabilities can be obvious, such as a missing limb, or hidden like depression or chronic pain.
An individual who is a disabled veteran is entitled to certain benefits, including monthly money-based compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability, and it also requires employers to provide reasonable accommodation for qualified persons with disabilities. Employers are not able to ask applicants whether they have a disability unless it is voluntary 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 caused or aggravated through your military service. To be eligible for compensation, one must prove the condition you suffer from is service-connected.
Your disability must also be service-related in order to qualify for benefits like the Aid and Attendance Program. These are programs that provide financial assistance to veterans who require help with daily activities such as dressing, bathing, eating and grooming.
It is also possible to establish a service connection through presumptive service connections for some ailments like Agent Orange exposure and Gulf War illnesses. This requires a medical recommendation showing that your current 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 even if their circumstances are not related to their military service. They are referred to as non-service-connected pension or veteran's pension, and are income and asset tested. Widows and widowers of disabled veterans are also eligible to receive payments due to the disability of their spouse.
Employers should not discriminate against applicants and employees with disabilities. It is unlawful to exclude people from consideration for employment because of their handicap. Rather, employers are legally required to offer reasonable accommodations to ensure that those who are disabled can perform the essential tasks of their job. These are sometimes referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations.
What can I do to determine if I have a disability?
The law entitles you to compensation if you have an impairment that is related to your service. It is a psychological or physical condition that is directly connected to your military service, and is classified as 10 percent or more.
A veteran's disability lawyer who is familiar with the intricacies of the process much easier. They can assist you in determining whether or not you are eligible for an entitlement and help you through the appeals process.
The law prohibits lawyers from charging fees for assistance with a disability claim. However, they are able to charge you the cost of helping you appeal a decision made on your claim. This is how we help our clients get all of the benefits they are entitled to. Contact Fusco, Brandenstein & Rada for more information.
How do I file a claim?
It is essential to apply for disability compensation if you suffer from an illness, injury or condition that started or was worsened during your military service. In the majority of instances, VA benefits will begin to be paid after the date you file your claim.
When submitting 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. Also, you should submit copies of your discharge papers, as well as any other documentation related to your military service.
After you have submitted your claim, the VA will notify you on the internet or by US mail that they have received your claim. The VA will collect evidence to evaluate your claim, which can take months or years.
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 supports your claim. 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 you need to support your claim.
An attorney for veterans with disabilities will review your case to determine the necessary steps to contest a denial. This may include looking back at your C file to see whether there's a possibility to alter the date of effective on your award. It is important to be aware of the deadlines for each stage of appeals, which are laid out in your notice of disagreement. A knowledgeable lawyer can help speed up the process.
What is the purpose of an attorney?
The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is awarded for injuries and other conditions that develop or become worse during service, and also for post-service depressions.
A skilled
veterans disability attorney can assist a Veteran in filing and successfully claim these benefits. He or she may also examine the Veteran's VA claim history to determine whether there are any past-due VA benefits that could be reclaimed.
An experienced attorney can also assist a Veteran through the appeals process if their claim is denied by the local VA office or if their disability rating is not sufficient. The VA's rules and regulations are extensive, and a disabled vet can benefit from having an skilled lawyer on their side throughout the entire process.