Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to help you get the benefits you have earned.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA requires that employers offer reasonable accommodations for employees with disabilities that arise during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present for your appeal, and assist you create a compelling argument.

The VA appeals process begins with a Notification of Disagreement. It is essential to make clear in your NOD as to why you are dissatisfied with the decision. It is not necessary to list all the reasons you disagree with the decision, but only the ones that are relevant.

You can file your NOD within one year from the date that you appealed the unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with the date for your hearing. It is essential that your attorney be present with you. The judge will review the evidence and make a final determination. A competent lawyer will ensure that all the required evidence is presented at your hearing. This includes any service records, private medical records, and any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was triggered or aggravated by their military service, may be eligible for disability benefits. These veterans may receive an annual monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans with filing a claim, obtain necessary medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements on the percentage evaluation, or disagreements about the date of effective of the rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that additional SOCs are prepared with all the necessary details to support every argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment, or to adjust to a new career when their disabilities hinder 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 who have suffered from disabilities caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations to veterans with disabilities to perform their duties. This includes changes in the job description or changes to the workplace.

Ticket to Work, vimeo a program of the Department of Labor, may be beneficial to disabled lake stevens veterans disability lawyer (vimeo.com) interested in finding work. This is a nation-wide job-training and placement program that assists veterans with disabilities to jobs and businesses.

belleville veterans disability attorney with disabilities who are leaving from the military can follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment; self-employment; and the possibility of employment through long-term services.

Employers can ask applicants whether they require any accommodations in the hiring process. For instance the need for more time to complete the test or if they feel it's acceptable to speak instead of writing their answers. The ADA does not permit employers to ask about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans ought to consider having training sessions available to all employees to raise awareness and improve understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find employment. To assist these veterans, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can request regarding a person's medical history and prevents harassment or discrimination due to disability. The ADA defines disability as a condition that substantially restricts one or more major life activities like hearing, seeing breathing, walking, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to different locations or positions and sanibel veterans disability lawsuit acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. If a person is unable to exercise physical dexterity, an employer must provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.