Veterans Disability Law

Veterans disability law is a vast area. We are here to help you get the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans. We make sure your application is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions, and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeals

Many Largo Veterans Disability Lawyer are denied disability benefits or receive a low rating, which isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement. It is crucial to make clear in your NOD as to why you are dissatisfied with the decision. You don't need to list all the reasons you disagree with the decision, just those that are relevant.

The NoD is filed within a year of the date of the unfavorable decision you are appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will receive an appointment for hearing. You should bring your attorney to the hearing. The judge will review all evidence presented before making a final decision. A competent lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes any service records, medical records and any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened as a result of their military service, could be eligible for disability benefits. They may be eligible for an amount of money per month depending on the severity of their disability.

Our New York disability attorneys work to ensure that westwood veterans disability law firm receive all of the benefits to which they have a right to. We assist veterans to file an application, obtain the required medical records and other documents, complete necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the effective date of rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are submitted with all the necessary information needed to support each argument in a claim.

Our lawyers can assist veterans with disabilities resulting from their service in applying for vocational rehabilitation services. This program provides education, training, and job skills for veterans to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from finding work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their jobs. This includes modifications to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans who are interested in a job. This is a national training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can choose one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example that they require more time to complete an exam or if it's okay to talk instead of writing their answers. However, the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about possible discrimination against disabled veterans should think about conducting training sessions for all employees to raise awareness and increase understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to get a job. To assist these veterans with their job search, the Department of Labor funds EARN which is a national source for information and assistance with job search. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

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

If a disabled veteran requires an accommodation to do work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, delegating the duties to different locations or positions, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces or buy keyboards and mice that are adapted for people who have limited physical dexterity.