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Veterans Disability Law Explained

Many disabled veterans have difficulty navigating VA rules and bureaucracy while filing an appeal or claim. An attorney can to minimize the risk of making mistakes and give clarity to the process.

Title I of the ADA prohibits employers from discriminating against people with disabilities when it comes to hiring, promotion and job assignments, as well as training, benefits and other conditions of employment, except for the need for hardship.

What is a disability?

The law defines disability as a condition that severely limits a major life-long activity. This could be mental or physical, and can be either temporary or long-lasting. Disabilities may be visible, like a missing limb or invisible, like depression or chronic pain.

A veteran with a disability is entitled to certain benefits, including monthly cash compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability and requires employers to make reasonable accommodations for individuals with disabilities. Employers are not allowed to ask applicants whether they have a disability unless they are voluntarily and in the case of affirmative actions.

What is a disability that is service-connected?

A service-connected impairment is a medical condition or illness that has been caused or worsened by your military service. To be eligible for compensation, one must prove that your condition is related to service.

Your disability must also be service-related in order to qualify for benefits like the Aid and Attendance Program. These programs offer financial aid for veterans who require assistance in daily living activities, such as dressing, bathing and eating.

It is also possible to establish service connection through presumptive service connection for some ailments like Agent Orange exposure and Gulf War diseases. It requires a doctor's assessment that your present condition could be due to exposure, even if the condition was not present when you left the military.

What is a non-service-connected disability?

Many veterans disability law firm do not know that they may be eligible for disability benefits even if their circumstances do not have anything to do with their military service. These 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 for payments in accordance with the condition of their spouse's disability.

Employers are not able to discriminate against applicants and employees who are disabled. It is unlawful to disqualify people from consideration for employment because of their handicap. Rather, employers are required to provide reasonable accommodations so that people with disabilities can 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 do I know whether I'm disabled?

The law gives you compensation if you are suffering from a service-related disability. This is a physical or psychological condition that is directly related to your military service, and is rated at 10 percent or more.

A lawyer who is familiar with the intricacies of the law governing veterans disability can make the process less stressful. They can help you determine whether or not you qualify for an entitlement and help you through the appeals procedure.

Current law prohibits lawyers from charging for assistance with a disability claim however, they can charge a fee when they assist you in challenging the validity of your claim. This is one of the ways we assist our clients get all the benefits they deserve. Contact Fusco, Brandenstein & Rada to learn more.

How do I submit a claim?

It is essential to apply for disability compensation if you have an injury, illness or condition that began or was aggravated during your military service. In most instances, VA benefits will begin to be paid after the date you file your claim.

It is important to provide all evidence that is relevant when submitting your claim. This includes medical documents from providers of civil health care services that are relevant to the conditions that you have claimed. You should also submit copies of your discharge records and any other documents that relate to your military service.

After you submit your claim After you have submitted your claim, the VA will inform you via email or US mail that your claim was accepted. The VA will collect evidence to evaluate your claim, which could take months or years.

How do I appeal a denial?

This is done by working with your health care team to collect letters from your health care provider(s) and medical research studies and any other information that supports your claim. You can do this by working with your health care team to collect medical research studies and letters from your medical professionals, as well as any other information that you need to support your claim.

A lawyer for veterans disability law firms' disability can review your claim to determine the necessary steps to contest the denial. This may involve looking back at your C file to see whether there is an opportunity to alter the date of effective on your award. Be aware of the time limitations that apply to each level of the appellate process. These are explained in your notice. The assistance of an experienced lawyer can expedite the procedure.

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 other conditions that develop or are exacerbated during service, and also for post-service depressions.

A veteran's disability lawyer skilled in this field can assist Veterans to file for and receive these benefits. He or she may also look over the Veteran's VA claim history to determine whether there are any outstanding VA benefits that can be reclaimed.

An experienced lawyer can help a Veteran through the appeals process in case their claim is rejected by the local VA office or if their disability rating is not adequate. The VA's regulations and rules are extensive, and a disabled vet can benefit from having an skilled lawyer on their side throughout the entire process.