Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to ensure you receive the benefits you have earned.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is properly prepared and we track your case through the process.

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

Appeals

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to, and the law changes constantly. A skilled lawyer can guide you through the process, help determine what evidence you should submitted with your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to describe your reasons for disagreeing with the decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision you are appealing. If you require additional time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be given a date for your hearing. It is crucial that your attorney attend the hearing together with you. The judge will go through all evidence presented before making a final decision. A competent lawyer will ensure that all the required evidence is presented at your hearing. Included in this are any medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and is the result of or worsened by their military service, may be eligible for disability benefits. They can receive a monthly monetary payment depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure pocahontas Veterans Disability Lawsuit receive all benefits they're entitled to. We assist florence veterans disability lawyer with filing claims, get the necessary medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date of the rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian employment, or to adjust to the new job market if their disabilities hinder their ability to pursue meaningful employment. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This includes modifications to work duties or workplace adjustments.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different routes to employment. The five options include reemployment with the same employer, quick access to employment, self-employment, and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For example if they require more time to finish the test or if they feel it's acceptable to speak instead of write their answers. But the ADA does not permit employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider holding training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. Additionally they can reach out to the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to find work. To assist them to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can inquire about a person's medical background and also prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that limits one or more important life activities, like hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This can include altering the equipment, supplying training and reassigning responsibilities to other positions or places as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that have been specially designed for those with physical limitations.