Veterans Disability Law

The law governing veterans disability is a broad field. We will fight to make sure you receive the benefits that you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is essential to make clear in your NOD on the reason you are not happy with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only those that are relevant.

The NOD must be filed within one year of the date of the adverse decision that you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD is submitted, you will be provided with an appointment for hearing. It is crucial to have your attorney be present with you. The judge will examine the evidence and make a final determination. A competent attorney will make sure that all evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a debilitating physical or mental illness that was caused or aggravated by their military service might be eligible for disability benefits. They may be eligible for an amount of money per month based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing a claim and obtain the required medical records, other documents to complete the necessary forms, and track the VA’s progress.

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

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to help veterans prepare for civilian employment or to transition to changing careers when their disabilities make it difficult for them to find work 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their duties. This could include changes in the work environment or job duties.

Disabled morristown veterans disability lawsuit interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that assists veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example if they require more time to take a test or if it's okay to talk instead of writing their answers. But the ADA does not permit employers to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might be interested in organizing training sessions for their entire staff to increase awareness and understanding of veteran issues. Additionally, they can contact the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult finding employment. To help them to find work, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers can inquire about a person's medical background and also prohibits harassment and reprisals because of disability. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily living, like hearing and seeing, walking, vimeo breathing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes some conditions that are common for la mesa veterans disability attorney, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who require them in order to perform their duties. This is the case unless the accommodation causes undue hardship for the contractor. This includes altering the equipment, supplying training and transferring responsibilities to different positions or locations and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical strength, vimeo the employer must supply furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.