Veterans Disability Law

The law governing veterans disability is a broad field. We will help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is completed and tracked your case through the process.

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

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on the type of evidence you need to present with your appeal and help you build a strong claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons the reasons you don't agree with the decision. It is not necessary to list all the reasons you disagree with the decision, only those that are relevant.

Your NOD can be filed within a year of the date of the unfavorable decision you want to appeal. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will examine the evidence and then make a final decision. A competent attorney will make sure that all evidence is presented during your hearing. This includes any service records, lawyers private medical records and C&P examinations.

Disability Benefits

Veterans suffering from a chronic mental or physical condition which was caused or aggravated by their military service might be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on their disability rating which is a percentage that indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist oak lawn veterans disability law firm with filing claims, get the necessary medical records as well as other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for the rating. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filled out with all of the required information needed to support each argument in the claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment, or to adjust to a new career when their disabilities make it difficult for them to find a job that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment, and work through long-term services.

Employers can ask applicants whether they require any modifications for the selection process. For example that they require longer time to complete an exam or if it's okay to talk instead of writing their answers. However, the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may think about having training sessions for their entire staff to increase awareness and understanding of veteran-related issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to obtain employment. To help these veterans get a job, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also restricts the information that employers can inquire about a person's medical background and also prohibits harassment and retaliation due to disability. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, including hearing and walking, breathing, seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common to veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require them to do their job. This is not the case if the accommodation would cause undue hardship for the contractor. This includes altering the equipment, providing training and shifting responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical strength, the employer must provide furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.