Veterans Disability Law

Veterans disability law covers a wide range of issues. We will fight to help you get the benefits you deserve.

Congress designed the VA claim process to be a veteran-friendly one. We ensure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions, and pay and training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for gig harbor veterans disability attorney Claims. The process is complex with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, help you determine what evidence you should included in your appeal, and build a strong case for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is essential to be clear in your NOD on the reason you are dissatisfied with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

Your NOD can be filed within a year of the date of the unfavorable decision you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be notified of a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will review the evidence and then make a final decision. A competent lawyer will ensure that all of the necessary evidence is provided during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and was caused by or worsened due to their military service, could be eligible for disability benefits. These veterans could receive an amount of money per month according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing a claim and obtain the required medical records as well as other documentation and fill out the required forms, and track the progress of the VA.

We can also assist with appeals to any VA decisions, such as denials of benefits, disagreements over a percentage evaluation or disputes about the date of effective of the rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information to back each argument in the claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian work or to begin a new career when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their job. This includes modifications to job duties and modifications to work environments.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to a job. The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term service.

Employers may ask applicants to provide any accommodations in the hiring process, such as more time to take a test or permission to provide verbal answers instead of written answers. The ADA does not permit employers to ask about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To assist these veterans to find work, the Department of Labor funds EARN an online resource that provides information and job vacancies. 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 employment.

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 and reprisals in response to disability. The ADA defines disability as an illness that severely limits one or more major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common among altoona veterans disability attorney, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for Altoona veterans Disability Attorney disabled veterans who require them to complete their duties. This is the case unless the accommodation would cause undue hardship to the contractor. This can include changing equipment, offering training, shifting duties to other locations or positions, and buying adaptive hardware or software. For example the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mice that are made for those with restricted physical dexterity.