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Veterans Disability Law Explained

Many disabled veterans have to navigate VA rules and bureaucracy when filing a claim or appeal. An attorney can help reduce the chances of making mistakes and make the process more clear.

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

What is a disability?

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

Veterans with disabilities can enjoy certain benefits including the monthly payment of monetary compensation. This compensation is based on the VA's percentage rating of the veteran's disability. The ADA prohibits disability discrimination and requires employers to provide reasonable accommodations to people with disabilities. Generally speaking, employers cannot inquire from an applicant if they have a disability unless that information is requested on a voluntary basis for affirmative action reasons.

What is a disability that is service-connected?

A service-connected impairment is an illness or medical condition that was caused or worsened by your military service. It is imperative to prove that your medical condition is service-connected in order to be eligible for financial compensation.

Additionally, in order to get benefits like the Aid and Attendance program, your disability needs to be service-connected. These programs offer financial aid to veterans who require help with daily activities such as bathing, dressing and eating.

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

What is a non-service-connected disability?

Many veterans are unaware that they can receive disability benefits if their conditions aren't connected to their military service. They are referred to as non-service-connected pensions or veteran's pensions and are subject to asset and income tests. Widows and widowers who are disabled veterans might also be eligible to receive payments due to the disability of their spouse.

Employers are not able to discriminate against employees and applicants with disabilities. It is illegal to exclude a person from being considered for employment due to the disability. Employers are required to provide reasonable accommodations so that employees with disabilities can fulfill the essential functions of their job. They are also referred to 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?

The law entitles you to compensation if there is an impairment that is related to your service. This is a physical or psychological condition that is directly linked to your military service, and is assessed at 10% or more.

An attorney who is knowledgeable of the intricacies of veterans disability law can simplify the process. They can assist you in determining whether you have a valid claim and help you navigate the appeals process.

Current law prohibits lawyers from charging fees to assist with a disability claim however, they can charge a fee if they assist you in challenging the outcome of your claim. This is how we help our clients receive all the benefits they are entitled to. For more information, please contact Fusco Brandenstein & Rada.

How do I file a claim?

It is essential to file for disability compensation if there is an illness, injury, or ailment that began or worsened during your military service. In most instances, VA benefits will begin to be paid from the date of your claim.

When submitting a claim, it is imperative to provide any evidence of relevance, including medical records from health care providers that relate to the conditions you claim. You should also submit copies your discharge papers and any other documents that pertain to your military service.

After you've submitted your claim the VA will notify you on the internet or via US mail that they have received your claim. The VA will then collect the evidence needed to review your case, which can take months or veterans disability even years to complete.

How do I appeal a denial?

The first step in the appeals process involves collecting medical evidence that proves the treatment you're seeking is required for your condition. You can accomplish this by working with your healthcare team to gather letters and medical research studies from your health care professionals and any other information you require to support your claim.

A veteran's disability attorney can review your case and determine the necessary steps to contest a denial. You may also examine your C-file to see if you have the option to change your award's effective date. You should be aware of the time limitations applicable to each stage of the appellate procedure. These are detailed in your notice. The assistance of an experienced lawyer can speed up this procedure.

What is the role of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. The benefits are awarded to injuries and illnesses that occur or worsen during service, as well as for post-service depressions.

A skilled veterans disability attorney can assist a Veteran in filing and get their claim approved for these benefits. The attorney can review the Veteran's VA claim information to determine if there are any past due VA benefits that can be reclaimed.

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