Veterans Disability Law Explained
Veterans with disabilities often struggle to navigate VA regulations and bureaucracy particularly when they file an appeal or a claim. An attorney can decrease the likelihood of making mistakes and give clarity to the process.
Title I of the ADA prohibits employers from discriminating against disabled people who are qualified in hiring, promotions, 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-related activity. It can be physical or mental, and can be temporary or long-lasting. Disability can be apparent for instance, a missing limb, or obscure like depression or chronic pain.
A disabled veteran is entitled to certain benefits, including monthly cash compensation. This compensation is based upon the VA’s percentage rating of the veteran’s disability. The ADA prohibits discrimination on the basis of disability, and requires employers to provide reasonable accommodations for people with disabilities. In general, employers cannot inquire about an applicant’s disability unless they have a disability unless that information is requested on a voluntary basis, for affirmative actions.
What is a disability service-connected?
A service-connected impairment is an illness or medical condition that was caused or exacerbated by your military service. It is important to prove your condition is related to your service in order to be eligible for financial compensation.
In addition, to receive benefits similar to the Aid and Attendance program, your disability must be service connected. These are programs that offer financial aid to veterans who require assistance with daily living tasks such as bathing, dressing eating, grooming, and eating.
It is also possible to establish a service connection through presumptive connections to service for certain conditions, such as Agent Orange exposure and Gulf War diseases. This requires a doctor’s recommendation that your current condition may be due to exposure even if it was not present when you left the military.
What is a non-service-connected disability?
Many veterans don’t know that they can receive disability benefits if their ailments aren’t related to their military service. These are referred to as non-service connected pension or veteran’s pension and are based on income and assets. Widows and widowers who are disabled veterans may also be eligible for benefits in connection with the disability of their spouse.
Employers cannot discriminate against applicants or employees with disabilities. It is unlawful to exclude individuals from the consideration of employment because of his or her disability. Employers are obliged to provide reasonable accommodations to ensure that those with disabilities can carry out the essential duties of a job. They are also known as “reasonable adjustments.” These modifications are required by the Americans with Disabilities Act and VA regulations.
How can I tell if I have a disability?
If you are suffering from a condition which is service-related, then you have the right to receive compensation. This is a psychological or physical condition that is directly related to your military service, and is 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 are entitled to a claim and assist you through the appeals process.
Current law prevents lawyers from charging fees for assistance with an initial disability claim however, they can charge a fee if they assist you in challenging the outcome of your claim. This is among the ways we work to help our clients receive the benefits they deserve. Contact Fusco, Brandenstein & Rada to learn more about.
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 was worsened during your military service. In the majority of cases, VA benefits will begin to be paid on the date you file your claim.
When you file a claim it is critical to submit all evidence that is relevant, including medical records from your civilian health care providers that relate to your claim. You should also submit copies your discharge records and any other documents related to your military service.
After you’ve submitted your claim the VA will notify you via email or by US mail that they have received your claim. The VA will gather evidence to evaluate your claim, which can take months or years.
How do I appeal a denial?
The first step in the appeals procedure is to gather medical evidence that proves that the treatment in question is necessary for your condition. You can do this by working with your health care team to collect medical research studies and letters from your health care providers, as well as any other evidence you need to support your claim.
A veteran’s lawyer can review your case and determine the necessary steps to contest a claim that has been denied. This may involve reviewing your C file to determine whether there’s a possibility to change the effective date on your award. You must be aware of the deadlines that apply to each level of the appellate process. These are detailed in your notice. A knowledgeable lawyer can help to speed up the process.
What is the role an attorney plays?
The Department of veterans disability lawsuits Affairs offers tax-free disability compensation benefits. The benefits are provided for injuries or illnesses that are caused by military service or are exacerbated by serving. It also provides for depression following service.
A skilled veterans disability attorney can help a Veteran file and successfully claim these benefits. They can also look over the Veteran’s VA claim history to determine if there are any outstanding VA benefits that could be recovered.
An experienced lawyer can help a Veteran through the appeals process if their claim is rejected by the local VA office or their disability rating isn’t sufficient. A veteran who is disabled will benefit from a lawyer’s experience in the VA’s many rules and regulations.
