Veterans Disability Law

The law governing veterans disability is a broad field. We will work to get you the benefits you have earned.

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and you can track the progress of your claim.

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay, as well as training, and other employment terms, conditions, and Jenks Veterans Disability attorney privileges.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you are dissatisfied with the decision. You don't need to list all the reasons you disagree with the decision, but only those that are relevant.

The NOD can be submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a time for your hearing. You must bring your attorney to this hearing. The judge will look over all evidence presented before making a decision. A competent lawyer will ensure that all the necessary evidence is presented during your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

inverness veterans disability lawyer suffering from a physical or mental illness that is limiting and was caused by or worsened by their military service, could be eligible for disability benefits. These veterans could receive monthly monetary payments depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file claims and collect the necessary medical records along with other documents, fill out required forms, and monitor the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements with the percentage evaluation, or disagreements regarding the effective date of a rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that the additional SOCs are submitted with all the necessary information to support every argument in a claim.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to help veterans prepare for civilian employment, or to adjust to changing careers when their disabilities prevent them from being able to find meaningful work. Veterans with disabilities might also be eligible for 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 worsened by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This includes changes in the job description or changes to the workplace.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that assists disabled veterans to jobs and businesses.

san Luis veterans disability attorney with disabilities who are separated from the military may follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers can inquire to provide any special accommodations to participate in the hiring process, for example, more time to sit for tests or permission to give oral instead of written answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about possible discrimination against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and increase understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To help them, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also limits the information employers may request regarding a person's medical history and prevents harassment or retaliation due to disability. The ADA defines disability as a condition that restricts one or more of the major life activities including hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete work, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, delegating duties to other jobs or facilities, and acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If a person is unable to exercise physical strength, employers should provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.