Veterans Disability Law

Veterans disability law is a broad field. We will help you help you get the benefits you are entitled to.

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

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

Appeal

Many veterans are denied disability benefits or receive a low rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be adhered to and the law is constantly changing. A knowledgeable lawyer can guide you through the process, assist you to identify what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is essential to be clear in your NOD on the reason you do not agree with the decision. You do not have to list every reason you disagree with, but only those that are relevant.

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

Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is important to have your attorney present at the hearing along with you. The judge will review the evidence and then make a final decision. A competent lawyer will ensure that all necessary evidence is presented at your hearing. Included in this are any service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was triggered or aggravated by their military service, could be qualified for disability benefits. These veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application and get the required medical records as well as other documentation and fill out the required forms, and track the progress of the VA.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date for the 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 properly, and that the additional SOCs are filled out with all of the required information to back every argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. It is also possible for disabled satellite beach veterans disability law firm 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 towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to help quincy veterans disability lawsuit with disabilities do their duties. This includes adjustments to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide job placement and business training program that helps veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different paths to a job. This includes reemployment with the same employer; rapid access to employment; self-employment; and employment through long-term care.

Employers can inquire to provide any accommodations in the selection process, like longer time to complete tests or to give oral instead of written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about discriminatory practices against disabled veterans should consider conducting training sessions for all employees to raise awareness and improve understanding of veterans' issues. In addition they can reach out to the Job Accommodation Network, a free consultation service that offers customized workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to find work. To assist them with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. It also limits the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, like hearing and seeing, walking, breathing. Standing, sitting or working, learning and so on. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled loveland veterans disability Law firm who need them in order to perform their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This can include changing equipment, offering training, shifting duties to other jobs or facilities, and buying adaptive hardware or software. 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 strength, employers must provide furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.