veterans disability attorney Disability Law Explained

Many veterans disability who have disabilities struggle to navigate VA rules and bureaucracy while filing an appeal or making a claim. An attorney can provide much-needed clarity to the process and decrease the risk of making mistakes.

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

What is a disability?

The law defines disability as an impairment that restricts a major everyday activity. It could be physical or mental. It could be temporary or permanent. Disability can be visible such as a missing limb or invisible, such as depression or chronic pain.

A veteran with a disability is entitled to certain benefits, such as monthly financial compensation. This compensation is based upon the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination based on disability and requires employers to make reasonable accommodations to people with disabilities. Employers are not able to ask applicants whether they have a disability unless they are voluntarily and in the case of affirmative actions.

What is a disability that's service-connected?

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

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

You can also establish service connection by assuming service connection in certain conditions, like Agent Orange and Gulf War illnesses. This requires a doctor's opinion of the doctor that shows your problem is likely due to the exposure even if it was not the case that you didn't have the disease when you left the military.

What is a non-service-connected disability?

Many veterans don't know that they can qualify for disability benefits even if their circumstances aren't connected to their military service. These are known as non-service connected pensions or veteran's pensions and are asset and income tested. Widows and widowers of disabled veterans are also entitled to receive benefits based on their spouse's disability.

Employers should not discriminate against applicants and employees who have disabilities. It is illegal to exclude a person from being considered for employment due to his or her disability. Employers must make reasonable accommodations for employees with disabilities so that they can perform the essential functions of their job. They are often referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations require that these modifications be made.

How do I determine if I have a disability?

The law provides you with compensation if you are suffering from a disability that is connected to service. It is a mental or physical condition that is directly related to your military service, and is classified as 10 percent or more.

A veteran's disability lawyer who is familiar with the intricacies of the process easier. They can help you determine whether or not you are eligible for a claim and guide you through the appeals procedure.

The law prohibits lawyers from charging fees for initial assistance with a disability claim. However, they are able to charge you the cost of helping you appeal a decision on your claim. This is how we help our clients get all of the benefits they are entitled to. Contact Fusco, Brandenstein & Rada for more information.

How do I submit a claim?

It is important to apply for disability compensation if there is an illness, injury, or ailment that began or was worsened during your military service. In the majority of instances, VA benefits will begin to be paid on the date you file your claim.

When filing a claim it is critical to submit any evidence of relevance, including medical records from civilian health providers that pertain to your claimed conditions. Also, you should submit copies of your discharge papers, and any other documents relating to your military service.

Once you have submitted your claim the VA will notify you via email or by US mail that they have received your claim. The VA will then gather the evidence needed to review your claim, which may take months or even years to complete.

How do I appeal a denial?

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

A veteran's attorney will review your case and determine the steps needed to contest a claim that has been denied. This could include looking back at your C file to see whether there's a possibility to change the date effective on your award. It is crucial to be aware of the time limitations for each level of the appeals process, which are listed in your notice of disagreement. A consultation with an experienced lawyer can expedite this process.

What is the role of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. The benefits are provided to those who suffer from injuries or conditions that result from service or worsened while serving. Also, it will cover 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 reclaimed.

A veteran can appeal if a local VA office rejects their claim or the disability rating is inadequate. The VA's rules and regulations are extensive and disabled veterans will benefit from having a knowledgeable lawyer by their side throughout the entire process.