veterans disability attorney Disability Law

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

Congress created the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be adhered to, and the law is ever-changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. It is crucial to be clear in your NOD of the reasons you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

The NOD can be filed within one year of the date of the adverse decision you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD is filed after which you will be assigned a time for your hearing. You should bring your attorney to the hearing. The judge will scrutinize all of your evidence before making a decision. A good lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. These ephrata veterans disability attorney could receive an annual monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans in filing claims, get the necessary medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or disagreements 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 that contain all the relevant details are filed if the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian work or adjust to a new career when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities do their job. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. 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) permits veterans with disabilities to select among five paths to employment. These include reemployment with the same employer, rapid access to employment; self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For example that they require more time to finish a test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled Valparaiso Veterans Disability Lawyer in search of jobs.

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

If a disabled veteran requires an accommodation to do work, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, supplying training, hazel crest veterans disability attorney and transferring responsibility to other positions or places as well as purchasing adaptive hardware or software. For instance the case of an employee who is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with elevated or lower surfaces or veterans disability lawyer buy keyboards and mice that have been adapted for people who have physical limitations.