Veterans Disability Law

Veterans disability law covers a range of issues. We work to help you get the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans. We make sure that your application is properly prepared and track the progress of your case.

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 on basis of disability in hiring, promotions or pay, as well other conditions, terms and benefits of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for des moines Veterans Disability lawsuit Claims. The process is complex with specific rules and procedures that must be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe why you disagree with the decision. It is not necessary to list all the reasons you disagree with the decision, only those that are relevant.

You can file your NoD within one year from the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed after which you will be assigned a date and time for your hearing. You must bring your attorney to this hearing. The judge will go over your evidence and make a final decision. A good attorney will ensure that all the proper evidence is presented at the hearing. Included in this are any service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was triggered or worsened due to their military service may be qualified for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability.

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

We also can assist with appeals for any VA decision. This includes denials of VA benefits, Des Moines Veterans Disability Lawsuit disagreements over the percentage evaluation or disagreements over the effective date of rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs with all the necessary information are filed if a case is taken to an appeals court.

Our lawyers can assist veterans with disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities prevent them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against plum veterans disability law firm with disabilities, which includes those incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their jobs. This could include changes in work duties or workplace changes.

Disabled veterans interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military can follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment; self-employment; and employment through long-term care.

An employer can ask applicants whether they require any special accommodations to participate in the hiring process, including extra time to take a test or permission to give verbal instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for their entire employees to increase awareness and understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To help them get a job, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also limits the information about medical conditions that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as an illness that severely limits one or more essential activities of daily living, such as hearing and seeing, walking, breathing. Standing, sitting, working, learning and so on. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, offering training, reassigning the duties to different jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. 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.