Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to ensure you receive the benefits you deserve.

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that arise during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions and pay as well as in training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied benefits or receive low disability ratings when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, assist you to determine what evidence you should included in your appeal and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is essential to state clearly in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list every reason you disagree with, but only those that are pertinent.

You can file your NOD within one year of when you appealed an unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given the date for your hearing. You should bring your attorney to this hearing. The judge will go over the evidence and make a final determination. A good attorney will make sure that all of the required evidence is presented at the hearing. This includes all service records, medical records as well as any C&P examinations.

Disability Benefits

two rivers veterans disability law firm who suffer from a debilitating physical or mental disorder which was caused or aggravated by their military service may be eligible for disability benefits. They may be eligible for an annual monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans in filing an application and get the required medical records along with other documents and fill out the required forms, and monitor the VA’s progress.

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

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian employment or to transition to an entirely new career if their disabilities prevent them from being able to find a job that is meaningful. east cleveland veterans disability lawyer with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for Inverness Veterans Disability Lawyer with disabilities to perform their job. This includes adjustments to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a national employment and business training program that assists disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans 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 the possibility of employment through long-term service.

An employer may ask applicants to provide any accommodations to participate in the hiring process, for example, more time to sit for tests or permission to give verbal instead of written answers. But the ADA does not permit an employer to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may want to consider conducting training sessions for their entire staff to increase awareness and understanding of veteran-related 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 suffering from disabilities related to their service have difficult to find work. To assist these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more major life activities like hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require them to do their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This can include altering the equipment, offering training, and transferring responsibility to different locations or positions and acquiring adaptive hardware or software. For example, if an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an employee has limited physical strength, the employer must provide furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.