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Veterans Disability Law Explained

veterans disability law firms with disabilities often have difficulty navigating VA regulations and bureaucracy especially when they are filing a claim or appealing. An attorney can bring clarity to the process and minimize the risk of making mistakes.

Title I of the ADA prohibits employers from discriminating against disabled individuals who are qualified, in hiring, advancements and job assignments, benefits as well as other conditions of employment.

What is a disability?

The law defines disability as an impairment that restricts a major daily activity. It can be mental or physical. It could also be temporary or permanent. The impairments can be obvious such as a missing limb, or obscure such as depression, or chronic pain.

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

What is a disability that is service-connected?

A service-connected disability is an injury, medical condition or illness that was caused or aggravated through your military service. In order to receive compensation, you must prove that your condition is service-connected.

In addition, Veterans Disability to receive benefits similar to the Aid and Attendance program, your disability must be service-connected. These programs provide financial assistance to veterans who need help with daily living activities, such as dressing, bathing and eating.

You can also establish service connection by assuming service in certain conditions, like Agent Orange and Gulf War illnesses. This requires a medical diagnosis which states that your current illness is likely caused by the exposure even if you did not suffer from the disease at the time you quit the military.

What is a non-service-connected disability?

Many veterans disability attorneys don't realize there are disability benefits that are available even if none of their disabilities are related to their military service. These benefits are known as a non-service-connected pension or a veteran's benefit and are dependent on assets and income. Widows and widowers of disabled veterans are eligible to receive payments based on their spouse's disability.

Employers are not allowed to discriminate against applicants or employees with disabilities. It is illegal to bar an individual from the consideration of employment because of their disability. Employers must make reasonable accommodations for employees who have disabilities to ensure that they can perform 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 be provided.

How can I tell whether I'm disabled?

If you suffer from a disability that is service-related, you are entitled to compensation. It is a psychological or veterans disability physical condition that is directly linked to your military service and is rated at 10 percent or more.

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

Current law prevents lawyers from charging fees to assist in a disability claim, but they may charge a fee when they assist you in challenging the validity of your claim. This is among the ways we can help our clients obtain the benefits they're entitled to. Contact Fusco, Brandenstein & Rada to learn more.

How do I file a claim?

If you're suffering from an injury, illness or ailment that started or was caused through your military service, it is important to apply for disability compensation. In the majority of cases, VA benefits will begin to be paid on the date you file your claim.

It is important to submit all evidence relevant to the filing of claims. This includes medical documents from providers of civil health care, which are relevant to the conditions that you have filed a claim for. You should also provide copies of your discharge records and any other documents relating to your military service.

After you have submitted your claim, the VA will notify you online or via US mail that they have received your claim. The VA will gather evidence to evaluate your claim, which could take months or even years.

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), medical research studies, as well as any other information that supports your claim. You can accomplish this by working with your health care provider to collect medical research studies and letters from your health care providers and any other information you require to support your claim.

A veteran's disability attorney can review your claim to determine the necessary steps to contest the denial. This could include looking back at your C file to see whether there is an opportunity to change the date effective on your award. It is crucial to be aware of the time limits for each level of appeals, that are detailed in your notice of disagreement. An experienced lawyer can help to speed up the process.

What is the function of an attorney?

The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is granted for injuries and conditions that occur or are aggravated during service, and also for any post-service depression.

A skilled veterans disability attorney can help a Veteran file and successfully claim these benefits. The attorney can also review a Veteran's VA claims history to determine if there are other past-due benefits that can be reclaimed.

An experienced lawyer can assist a Veteran in the appeals process when their claim is denied by the local VA office or their disability rating is not adequate. Veterans who are disabled is able to benefit from a lawyer's knowledge of the VA's vast rules and regulations.