The Most Successful Veterans Disability Settlement Gurus Do 3 Things

Veterans Disability Law Explained

Veterans with disabilities often have difficulty navigating VA rules and bureaucracy particularly when they file an appeal or a claim. An attorney can minimize the chance of making mistakes and give clarity to the process.

Title I of the ADA prohibits employers from discriminating against qualified disabled persons in hiring, promotion in job assignments, training, benefits and other conditions of employment, absent unreasonable hardship.

What is a disability?

The law defines disability as an impairment that limits a significant life activity. This could be mental or physical, and it could be temporary or even permanent. Disabilities can be obvious, such as a missing limb, or invisible such as depression, or chronic pain.

Veterans who are disabled are entitled to certain benefits like an annual monetary payment. The amount paid is based on the percentage rating that the VA assigns to the veterans handicap. The ADA prohibits discrimination on the basis of disability, and it also requires employers to offer reasonable accommodations to disabled individuals. Employers are not able to ask applicants whether they have a disability in the absence of a voluntary request or for affirmative measures.

What is a disability that's service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or aggravated by your military service. It is important to prove your condition is related to your service to receive financial compensation.

Your disability must also be related to service in order to qualify for benefits like the Aid and Attendance Program. These are programs that offer financial assistance for veterans who require help with everyday living activities like bathing, dressing eating, grooming, and eating.

You can also establish a service connection by assuming service in certain conditions, such as Agent Orange and Gulf War diseases. This requires a physician's opinion that your present health condition may be caused by exposure, even if it wasn't present at the time you left the service.

What is a non-service-connected disability?

Many veterans are unaware that there are disability benefits available if none of their medical conditions are related to their military service. These benefits are referred to as a non-service-connected pension, or veteran's benefits and are based on income and assets. Widows and widowers who are disabled veterans could be eligible for these payments in connection with the disability of their spouse.

Employers should not discriminate against applicants or employees with disabilities. It is illegal to exclude an individual from consideration for employment based on the disability. Employers are required to provide reasonable accommodations for employees who have disabilities to ensure they can carry out the essential functions of their job. They are also known as "reasonable adjustments." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

How do I know if I am disabled?

The law gives you compensation if you suffer from a service connected disability. That is, a physical or mental condition which is related to your military service and is assessed at 10 percent or more.

A lawyer who is familiar with the intricacies of veterans disability law can simplify the process. They can help you determine if you have a valid claim and assist you through the appeals process.

The law prohibits lawyers from charging a fee for assistance with a disability claim. However, they can charge you the cost of helping you appeal a decision on your claim. This is one of the ways we can help our clients get the benefits they deserve. For more information, please contact Fusco Brandenstein & Rada.

How do I make a claim?

If you're suffering from an illness, injury or illness that began or was caused due to your military service, it is essential to file a claim for disability benefits. In the majority of cases, VA benefits will begin to be paid on the date you file your claim.

It is important to provide all relevant evidence when filing claims. This includes medical records from civilian health care services that are relevant to the conditions you've filed a claim for. You should also submit copies your discharge records as well as any other documents relating to your military service.

After you have submitted your claim, the VA will notify you via email or via US mail that they have received your claim. The VA will collect evidence to review your claim, which could take months or years.

How do I appeal a denial?

This is accomplished by working with your health care team to get 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 health care provider to collect letters and medical research studies from your medical professionals and any other information you require to support your claim.

An attorney for veterans can look over your case and determine the steps required to contest a denied claim. You may also examine your C-file and determine if you have the chance to alter the effective date. You should be aware of the time limitations that apply to each level of the appellate procedure. These are explained in your notice. The assistance of an experienced lawyer can expedite the appeals process.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is given to those who suffer from injuries or conditions that are caused by serving, or aggravated by serving. Also, it provides for depression following service.

A skilled veterans disability attorney can help a Veteran file and be successful in claiming these benefits. They will also go through a Veteran's VA claims history to determine if there are any additional past-due benefits that could be recovered.

A veteran can also appeal if the local VA office denies their claim, or if the disability rating is not adequate. The VA's regulations and rules are extensive and veterans disability attorney disabled veterans will benefit from having a knowledgeable lawyer by their side throughout the entire process.