Veterans Disability Law

Veterans disability law is a broad field. We assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans. We make sure your application is properly prepared and we track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay as well as in training, and other employment terms, conditions and privileges.

Appeals

Many veterans are denied disability benefits or are given low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, help you determine what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to make clear in your NOD of the reasons you are dissatisfied with the decision. It is not necessary to list every reason you don't agree with the decision. Just those that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision you want to appeal. If you require more time to prepare your NOD, Vimeo a request for an extension could be granted.

Once the NOD has been filed, you will be notified of an appointment date. It is essential that your attorney be present with you. The judge will look over all evidence presented before making a final decision. An experienced attorney will ensure that all the evidence needed is presented at your hearing. This includes all service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder which was caused or aggravated through their military service could be eligible for disability benefits. These veterans could receive an amount of money per month dependent on the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans in filing an application and get the medical records they require, other documents and fill out the required forms, and track the VA’s progress.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disputes over the date of effective rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are submitted with all the necessary details to support every argument in a claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare commerce veterans disability law firm for civilian employment or to transition to an entirely new career if their disabilities preclude their ability 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their jobs. This includes adjustments in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a national job placement and business training program that assists veterans with disabilities find jobs and companies.

mayfield veterans disability attorney with disabilities who are separating from the military may follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term service.

Employers can ask applicants whether they require any accommodations during the selection process. For instance, if they need more time to take the test or if they feel it is okay to speak instead of write their answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire employees to increase awareness and understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find employment. To assist these veterans, the Department of Labor funds EARN, a national resource for information and assistance with job search. Funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers may request regarding a person's medical background and also prohibits harassment and revenge in response to disability. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and more. The ADA excludes certain ailments that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their duties. This is the case unless the accommodation creates unnecessary hardship for the contractor. This can include altering the equipment, offering training and transferring responsibilities to different locations or positions, as well as acquiring adaptive software or hardware. For instance, if an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mice specifically designed for people with physical limitations.