Veterans Disability Law

The law governing Hattiesburg Veterans Disability Lawsuit disability is a broad area. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and you can track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, it is important to explain why you are not happy with the decision. You don't have to list every reason you disagree, but only those that are relevant.

The NOD must be submitted within one year of the date of the adverse decision that you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD has been filed after which you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will scrutinize your evidence prior to making a final decision. A good attorney will make sure that all the evidence needed is presented at your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental illness that was aggravated or caused through their military service may qualify for disability benefits. They can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their illness.

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 to file an application, obtain the required medical records and other documents, complete required forms and track the progress of their VA claim on their behalf.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements over the percentage evaluation, or disagreements regarding the effective date of rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that any additional SOCs are prepared with all the necessary information to back every argument in the claim.

Our lawyers can assist veterans with disabilities related to their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their duties. This includes changes to job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled lakewood veterans disability attorney interested in employment. This is a national training and job placement program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to a job. The five options include reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

Employers can inquire if they require any modifications to participate in the selection process, like more time to take a test or permission to provide verbal answers instead of written answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers who are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to raise awareness and improve understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to get a job. To help these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking jobs.

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

Employers must provide accommodations to disabled veterans who require accommodations to complete their job. This is the case unless the accommodation causes undue hardship to the contractor. This includes modifying equipment, offering training, transferring the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company must provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.