Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to make sure you receive the benefits that you have earned.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you create a compelling argument.

The VA appeals procedure begins with a Notice to Disagreement. It is important 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, just those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you want to appeal. If you require more time to prepare your NOD, an extension can be granted.

After the NOD has been filed after which you will be given a date for your hearing. You must bring your attorney to the hearing. The judge will go over your evidence and make a final decision. A competent lawyer will ensure that all the necessary evidence is provided 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 disabling physical or mental illness that was aggravated or caused through their military service could qualify for disability benefits. Veterans may receive an amount of money per month dependent on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans with filing an application, obtain the required medical records and other documentation, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disagreements over the effective date of rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs filled with all necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can also help clemmons Veterans disability lawyer with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or to transition to changing careers when their disabilities preclude their ability 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 (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to complete their duties. This includes adjustments to job duties or modifications to work environments.

Disabled thornton veterans disability law firm who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-training and mendota heights Veterans disability lawyer placement program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same company, fast access to employment, self-employment, and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For example the need for more time to complete the test or if it's acceptable to speak instead of write their answers. But the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to raise awareness and increase understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find employment. To assist them to find work, the Department of Labor supports a national job resourcing and information resource called EARN. The program is supported 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 rosenberg veterans disability lawsuit in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also limits the information employers are able to ask about a person's health history and prohibits harassment and revenge in response to disability. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily living, such as hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and more. The ADA excludes certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform work, the employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes altering equipment, providing training, shifting the duties to different locations or positions, and buying adaptive hardware or software. For instance the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille and chicago Heights veterans disability Law firm talking calculators devices. If an employee has limited physical dexterity, an employer must provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.