Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We ensure that your application is well-prepared and we track the progress of your claim.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can help you navigate the process, help determine what evidence you should included in your appeal and build a strong case for your claim.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, you are important to explain why you are not happy with the decision. You don't have to list all the reasons you do not agree with the decision, only those that are relevant.

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

After the NOD has been filed, you will be notified of an appointment date. It is important to have your attorney present at the hearing with you. The judge will scrutinize the evidence you have presented before making a final decision. A competent lawyer will ensure that all necessary evidence is exhibited during your hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and is the result of or worsened as a result of their military service, may be qualified for disability benefits. These veterans may 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 that peekskill veterans Disability lawyer get all benefits to which they're entitled. We help veterans to file claims and collect the necessary medical records, other documents and fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date for a rating. Our firm will make sure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary details are filed if the case is referred to an appeals court.

Our lawyers can help jefferson hills veterans disability lawyer with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to adapt to a new career when their disabilities prevent them from being able to find a job that is meaningful. 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 with disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to help tarboro veterans disability attorney with disabilities do their duties. This could include changes in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a nationwide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different routes to gain employment. The five options are reemployment at the same employer, quick access to employment, self-employment, and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For example the need for longer time to complete an exam or if it is okay to speak instead of write their answers. The ADA doesn't allow employers to ask about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to get a job. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. It is funded by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans looking for work.

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

Employers must provide accommodations to disabled veterans who need them to complete their duties. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, offering training and shifting responsibilities to different locations or positions and acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an individual has limited physical strength, the employer should provide furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.