Veterans Disability Law

The law governing veterans disability is a broad area. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to and the law changes constantly. A skilled lawyer can help you navigate the process, help you determine the right evidence to be included in your appeal, and create a compelling case for your case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it's crucial to state your reasons for disagreeing with the decision. You do not have to list every reason why you disagree, but only those that are pertinent.

You are able to file your NOD within one year from the date you appealed against the unfavorable decision. If you need more time to prepare your NOD, an extension may be granted.

After the NOD is filed, you will be notified of a date for hearing. It is crucial to have your attorney be present along with you. The judge will look over your evidence and make a final decision. An experienced attorney will ensure that all evidence is presented during your hearing. Included in this are any service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental illness that was caused or aggravated through their military service could qualify for disability benefits. Veterans may receive an amount of money per month according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans in filing an application and obtain the necessary medical records as well as other documentation as well as fill out the required forms, and monitor the progress of the VA.

We can also help with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disagreements over the effective date of rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that any additional SOCs are filled out with all of the required information needed to support every argument in the claim.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to transition to a new career when their disabilities hinder their ability to find work that is meaningful. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to aid Evansdale Veterans Disability attorney with disabilities perform their job. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide job-training and placement program that helps disabled veterans to jobs and businesses.

crookston veterans disability lawyer with disabilities who have been removed from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment and work through long-term services.

An employer may ask applicants if they require any accommodations to participate in the selection process, like more time to sit for tests or permission to give oral instead of written answers. But the ADA does not permit employers to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans should think about holding training sessions for all employees to raise awareness and increase understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to find employment. To help these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also restricts the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the major life activities, such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their job. This is the case unless the accommodation would cause undue hardship for the contractor. This can include changing equipment, providing training, transferring duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical dexterity.