Kendallville veterans disability law firm 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 a veteran-friendly one. We make sure your application is properly prepared and we track your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions or pay, as well as training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you disagree with the unfavorable decision. You don't have to include all the reasons you do not agree with the decision. Just the ones that are relevant.

The NOD must be submitted within one year of the date of the unfavorable decision you're appealing. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. It is crucial to have your attorney be present along with you. The judge will go through the evidence you have presented before making a decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was caused or worsened by their military service may qualify for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score, which is a percentage that indicates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans with filing claims, get the necessary medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities prevent them from finding work 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 (ADA) prohibits discrimination against veterans who have disabilities, kendallville Veterans disability law firm which includes those who may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities do their jobs. This includes changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nationwide training and job placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose among five paths to gain employment. These include reemployment with same employer; rapid access to employment; self-employment and work through long-term service.

Employers can inquire to provide any special accommodations to participate in the hiring process, such as longer time to complete an exam or the ability to provide oral rather than written answers. However, the ADA does not permit an employer to inquire about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to get a job. To help these veterans to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled ansonia veterans disability lawsuit seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning and more. The ADA does not cover certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation in order to complete the job, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This could include modifying equipment, providing training, transferring the duties to different positions or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice that are specifically designed for people with restricted physical dexterity.