Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you are entitled to.

Congress created the VA claim process to be veteran-friendly. We make sure your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied benefits, or receive low disability ratings when it should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for sapulpa veterans disability law Firm (Vimeo.com) Claims. The process is very complex with specific rules and procedures to be adhered to and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present with your appeal and help to build a strong case.

The VA appeals process begins with a Notice of Disagreement. It is essential to state clearly in your NOD on the reason you disagree with the unfavorable decision. You don't have to include every reason you don't agree with the decision, only those that are relevant.

You are able to file your NOD within one year of the date that you appealed the unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with a date for hearing. It is crucial that your attorney attend this hearing together with you. The judge will go through all evidence presented before making a decision. A good attorney will ensure that all the proper evidence is presented at your hearing. This includes any service records, medical records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was caused by or aggravated by their military service could be qualified for disability benefits. These veterans may receive a monthly monetary payment according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We help veterans to file claims and collect the required medical records and other documents, fill out required forms, and keep track of the progress of the VA.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage evaluation or disputes over the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary information are filed when the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work or to adapt to changing careers 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 and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have 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 perform their duties. This includes modifications to job duties or modifications to work environments.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select among five paths to a job. These include reemployment with same employer; rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers can inquire whether they require any accommodations to participate in the hiring process, such as more time to sit for a test or permission to give oral instead of written answers. The ADA doesn't allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. In addition they can seek out the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To assist them, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can request about a person's medical background and also prohibits harassment and discrimination based on disability. The ADA defines disability as a condition that hinders one or more major life activities, such as hearing, sight breathing, walking standing, sitting, learning and working. The ADA does not cover certain conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who need them to do their duties. This is not the case if the accommodation creates unnecessary hardship to the contractor. This could include modifying the equipment, providing training and shifting responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must offer furniture with raised or lower surfaces or buy keyboards and mice that have been specially designed for those with restricted physical dexterity.