Veterans Disability Law Explained Many disabled veterans have to navigate VA rules and bureaucracy when filing an appeal or claim. An attorney can help minimize the chance of making mistakes and clarify the process. Title I of ADA prohibits employers from discriminating against disabled persons who are qualified in hiring, promotions in job assignments, benefits, training, and other conditions of employment. What is a disability? The law defines disability as an impairment that hinders an important daily activity. It could be physical or mental, and can be either temporary or even permanent. The impairments can be obvious like a missing limb or limb, but also invisible such as depression or chronic pain. Veterans who are disabled are entitled to certain benefits including a monthly monetary compensation. The amount of compensation is determined by the VA's percentage rating of the veteran's disability. The ADA prohibits discrimination on the basis of disability, and it also requires employers to offer reasonable accommodations to persons with disabilities. Generally, an employer cannot inquire about whether an applicant have a disability, unless the information is requested on a purely voluntary basis for affirmative action purposes. What is a disability that is service-connected? A service-connected impairment is an illness or medical condition that has been brought on or worsened through your military service. In order to receive compensation, you must prove that your condition is caused by service. In addition, in order to be eligible for benefits such as the Aid and Attendance program, your disability needs to be service connected. These programs provide financial assistance to veterans who require help in daily living activities, such as dressing, bathing and eating. It is also possible to establish service connection by establishing presumptive connection for some conditions such as Agent Orange exposure and Gulf War illnesses. This requires a medical opinion showing that your present condition is likely due to the exposure, even if you didn't have the disease when you quit the military. What is a non-service-connected disability? Many veterans don't know that they may be eligible for disability benefits if the conditions are not related to their military service. These are referred to as non-service connected pension or veteran's pension and are based on income and assets. Widows and widowers of disabled veterans are eligible for payments based on their spouse's disability. Employers are not allowed to discriminate against applicants or employees with disabilities. It is illegal to exclude individuals from consideration for employment due to their handicap. Employers are required to provide reasonable accommodations for employees with disabilities so that they can perform the essential tasks of their job. They are often referred to as "reasonable modifications." These modifications are required by the Americans with Disabilities Act and VA regulations. How do I know if I am disabled? The law entitles you to compensation if you are suffering from a disability that is connected to service. This is an illness of the mind or body which is related to your military service and is evaluated 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 whether or not you have a claim and help guide you through the appeals process. The law currently prohibits lawyers from charging fees for assistance with a disability claim however, they are able to charge a fee if they help you challenge the validity of your claim. This is one of the ways we work to help our clients get all the benefits they're entitled to. For more information, please contact Fusco Brandenstein & Rada. How do I make a claim? It is essential to apply for disability compensation if you have an illness, injury, or illness that began or worsened during your military service. In most cases, VA benefits will begin to be paid from the date of your claim. It is important to provide all evidence relevant to the filing of an claim. This includes medical records from civilian health care services that are relevant to the conditions you've filed a claim for. It is also important to 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 via US mail that they have received your claim. The VA will gather evidence to evaluate your claim, which can take months or years. How do I appeal a denial? This is done by working with your health care team to collect letters from your health care provider(s) as well as 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 professionals and any other information you need to support your claim. A veteran's lawyer can review your case and determine the necessary steps to contest a denied claim. You may also examine your C-file to see if you have the opportunity to alter your award's effective date. It is essential to be aware of the time limitations for each level of the appeals process which are listed in your notice of disagreement. A skilled lawyer can to speed up the process. What is the function of an attorney plays? The Department of Veterans Affairs provides tax-free benefits for disability compensation. This compensation is offered to those who suffer from injuries or conditions that are caused by serving, or aggravated by serving. Also, it helps with depression after service. A veteran's disability attorney who is skilled can help Veterans to file for and receive 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 reclaimed. An experienced attorney can also assist a Veteran through the appeals process when their claim is rejected by the local VA office or if their disability rating is not enough. A veteran who is disabled will benefit from a lawyer's knowledge of the VA's vast rules and regulations.