Veterans Disability Law Explained

Veterans with disabilities frequently have a difficult time navigating VA rules and bureaucracy particularly when they file an appeal or filing a claim. An attorney can provide much-needed clarity to the process and reduce the risk of mistakes.

Title I of the ADA prohibits employers from discriminating against qualified individuals with disabilities in hiring, advancement, job assignments, training, benefits and other conditions of employment, except for unjust hardship.

What is a disability?

The law defines disability as an impairment that severely limits a major life activity. It can be mental or physical. It could be temporary or permanent. The impairments can be obvious such as a missing limb, or hidden such as depression or chronic pain.

Ham Lake Veterans Disability Law Firm who are disabled are entitled to certain benefits including a monthly monetary compensation. This compensation is based upon the percentage rating that the VA gives the veterans with disabilities. The ADA prohibits discrimination based on disability, and requires that employers offer reasonable accommodations to individuals with disabilities. Employers cannot ask an applicant whether they have a disability unless it is voluntary and for affirmative action.

What is a condition that is service-connected?

A service-connected disability is a medical condition, injury or illness that was aggravated or caused through your military service. It is imperative to prove your condition is related to service to be eligible for monetary compensation.

In addition, in order to be eligible for benefits such as the Aid and Attendance program, disability your disability has to be service connected. These are programs that provide financial assistance for veterans who require assistance with daily living tasks such as dressing, bathing eating, grooming and eating.

It is also possible to establish service connection through presumptive service connection for some conditions such as Agent Orange exposure and Gulf War diseases. It requires a doctor's assessment that your present health condition may be the result of exposure, even if it was not present when you left the service.

What is a non-service-connected disability?

Many veterans do not know that they can receive disability benefits even if their circumstances aren't related to their military service. These benefits are known as non-service connected pension or veteran's benefit, and are based on income and assets. Widows and widowers of disabled east providence veterans disability attorney are also entitled to receive benefits 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 exclude people from consideration for employment because of their handicap. Employers are required to make reasonable accommodations for those who have disabilities to ensure they can be able to perform the essential functions of a job. These are sometimes referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made available.

How can I tell whether I'm a disabled person?

If you are suffering from a condition that is related to your service, you are entitled to compensation. This is an illness of the mind or body that is related to your military service and is evaluated at 10 percent or more.

An attorney who is aware of the complexities of veterans disability law can make the process easier. They can help you determine if you have a valid claim and assist you through the appeals process.

The law prohibits lawyers from charging fees to assist you with your initial disability claim. However, they are able to charge you a fee if they help you appeal a decision made on your claim. This is among the ways we can help our clients get the benefits they're entitled to. Contact Fusco, Brandenstein & Rada to learn more about.

How do I make a claim?

It is essential to file for disability compensation if there is an illness, injury or illness that began or aggravated during your military service. In the majority cases, the VA will provide benefits starting on the day you filed your claim.

It is essential to provide all relevant evidence when filing your claim. This includes medical documents from providers of civil health care, which are relevant to the conditions you've claimed. You should also provide copies of your discharge records, and any other documents that relate to your military service.

Once you have submitted your claim the VA will notify you on the internet or by US mail that they received your claim. The VA will collect evidence to evaluate your claim, which can take months or even years.

How do I appeal a denial?

The first step in the appeals process is to collect medical evidence to prove that the treatment in question is necessary for your condition. This can be accomplished by working with your health care team to gather letters from your health care provider(s) as well as research studies on medical conditions and any other information that supports your claim.

A lawyer for veterans' disability will review your case to determine the steps needed to contest the denial. You can also review your C-file to determine whether you have the option to change your award's effective date. It is important to be aware of the time limits which apply to every level of the appellate process. These are explained in your notice. A skilled lawyer can speed up the process.

What is the role an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. The benefits are awarded to injuries and conditions that happen or become worse during service, and also for post-service depressions.

A veteran's disability attorney who is skilled can help Veterans apply for and get these benefits. He or she can also review a Veteran's VA claims history to determine if there are other past-due benefits that can be reclaimed.

A skilled attorney can assist a Veteran in 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 can benefit from having a skilled lawyer on their side throughout the entire process.