Veterans Disability Law

Veterans disability law is a broad area. We will help you help you get 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 offer reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be followed, and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is essential to state clearly in your NOD as to why you are dissatisfied with the decision. You don't need to list all the reasons you do not agree with the decision, but only the ones that are relevant.

You may file your NOD within one year of when you appealed an unfavorable decision. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed and you have been assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will review the evidence and make a decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. Included in this are medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that university heights veterans disability lawyer are able to receive all the benefits to which they are entitled. We assist veterans with filing claims, obtain required medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation, or disputes about the date of effective rating. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filled out with all of the required details to support each 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 education, training and job-related abilities to prepare veterans for civilian employment or to begin a new career when their disabilities prevent them from being able to find a job 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against haverstraw veterans disability law firm with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their job. This includes changes in the job description or changes to the workplace.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose between five different paths to work. The five options include reemployment at the same company, fast access to employment, self-employment, and employment through long-term military service.

Employers can ask applicants whether they need any accommodations for the hiring process. For instance, if they need more time to complete the test or if they feel it's acceptable to speak instead of write their answers. The ADA doesn't allow employers to inquire about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in holding training sessions for all of their staff in order to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To aid these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information employers may inquire about a person's medical history and prevents harassment or reprisals because of disability. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, including hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled Port Royal Veterans Disability Lawyer who require them to complete their duties. This is true unless the accommodation causes undue hardship to the contractor. This can include altering the equipment, offering training and shifting responsibilities to different positions or locations, as well as acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must offer furniture with elevated or lower surfaces or purchase keyboards and mouse that are made for those with limited physical strength.