Crowley Veterans Disability Lawyer Disability Law Explained

Veterans with disabilities usually have a difficult time navigating VA rules and bureaucracy, especially when they have to file an appeal or a claim. An attorney can help to minimize the risk of making a mistake and help make the process more clear.

Title I of ADA prohibits employers from discriminating against disabled people who are qualified when it comes to hiring, advancements and job assignments, benefits, training and other conditions of employment.

What is a disability?

The law defines a disability as an impairment that severely limits a major life activity. It could be physical or mental, and it can be temporary or long-lasting. Disability can be apparent like a missing limb or limb, but also invisible, such as depression or chronic pain.

Veterans who are disabled are entitled to certain benefits like a monthly monetary compensation. This compensation is based upon the percentage rating that the VA gives the veterans with disabilities. The ADA prohibits discrimination against disabled people and requires employers to provide reasonable accommodations for individuals with disabilities. Generally speaking, employers are not able to ask an applicant whether they have a disability unless that information is requested on a purely voluntary basis for affirmative action reasons.

What is a service-connected impairment?

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

Additionally, in order to qualify for benefits such as the Aid and Attendance program, your disability needs to be service connected. These are programs that provide financial aid for jennings veterans disability law firm who require help with everyday living activities such as dressing, bathing eating, grooming and eating.

You can also establish a service connection by presuming service connection in certain conditions, such as Agent Orange and Gulf War illnesses. This requires a doctor's recommendation that your current condition may be caused by exposure, even if the condition was not present when you quit the service.

What is a non-service-connected disability?

Many veterans do not know that they are eligible for disability benefits if their conditions are not related to their military service. These benefits are referred to as a non-service-connected pension, or veteran's benefit. They are based on income and assets. Widows and widowers of disabled veterans are also entitled to receive benefits dependent on the disability of their spouse.

Employers are not allowed to discriminate against applicants or employees with disabilities. It is unlawful to exclude people from consideration for employment because of their disability. Employers are required to provide reasonable accommodations so that people who are disabled can perform the essential duties of their job. These are sometimes referred to as "reasonable modifications." The Americans with Disabilities Act (ADA) and VA regulations stipulate that these modifications must be provided.

What can I do to determine whether I'm disabled?

If you suffer from a disability that is related to service, you have the right to receive compensation. This is a mental or physical condition that is related to your military service and has been assessed at 10 percent or more.

A veteran's disability lawyer that is knowledgeable of the intricacies of the process much easier. They can assist you in determining whether you are entitled to a claim and assist you through the appeals process.

Current law prohibits lawyers from charging fees for assistance in the initial claim for disability however, they are able to charge a fee when they help you challenge a decision on your claim. This is how we can help our clients receive all the benefits they are entitled to. To learn more, contact Fusco Brandenstein & Rada.

How do I submit a claim?

It is important to apply for disability compensation in the event that you suffer from an injury, illness or condition that began or worsened during your military service. In the majority of cases, VA benefits will begin to be paid after the date of your claim.

When filing a claim, it is essential to provide all evidence relevant to the claim including medical records from civilian health care providers that relate to your claim. You should also submit copies of your discharge records and any other documents related to your military service.

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

How do I appeal a denial?

The first step of the appeals process is to collect medical evidence that proves that the treatment you're seeking is required for your condition. This can be done by working with your health care provider to get letters from your health care provider(s) and research studies on medical conditions and any other evidence that supports your claim.

A veteran's attorney will review your case and determine the steps needed to contest a claim that has been denied. This can include looking back at your C file to determine whether there is an opportunity to alter the date of effective on your award. It is important to be aware of the deadlines which apply to every level of the appellate procedure. These are detailed in your notice. A knowledgeable lawyer can help speed up the process.

What is the job of an attorney?

The Department of Veterans Affairs offers tax-free disability compensation benefits. This compensation is given for injuries or illnesses caused by serving, or aggravated by serving. Also, it will cover depression following service.

A veteran's disability lawyer skilled in this field can assist Veterans to file for and receive these benefits. He or she can also look over the Veteran's VA claim background to determine if there are any past-due VA benefits that could be reclaimed.

An experienced attorney can also assist a Veteran during the appeals process when their claim is denied by the local VA office or if their disability rating is not sufficient. The VA's rules and regulations are extensive, and a disabled vet will benefit from having a skilled lawyer on their side throughout the entire process.