Veterans Disability Law

Veterans disability law covers a wide range 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 make sure your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be followed, and the law is always changing. An experienced lawyer will guide you through the appeals process, advise you on the type of evidence you need to present in your appeal, and help you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to be clear in your NOD on the reason you disagree with the unfavorable decision. It is not necessary to list all the reasons you disagree with the decision, only those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable decision. If you require additional time to prepare your NOD, an extension could be granted.

Once the NOD has been submitted, you will be provided with the date for your hearing. Your attorney should be present to this hearing. The judge will go through your evidence prior to making a final decision. A competent lawyer will ensure that all the necessary evidence is exhibited during your hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and is the result of or aggravated by their military service may be qualified for disability benefits. borger veterans disability lawsuit may receive a monthly monetary payment based on the degree of their disability.

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

We can also assist in appeals of any VA decisions, including denials of benefits, disagreements on a percentage evaluation or disputes about the date of effective of an evaluation. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can assist veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to help them prepare for civilian jobs or to learn to adapt to a new job when their disabilities keep them from finding 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 with disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their job. This includes changes to the work environment or job duties.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that helps disabled veterans find jobs and companies.

Veterans with disabilities who are separating from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment, and work through long-term services.

An employer can ask applicants to provide any accommodations in the hiring process, such as more time to take a test or permission to give verbal instead of written answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers that are concerned about possible discrimination against disabled veterans should consider conducting training sessions for all employees to raise awareness and better understand veteran concerns. They should 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 caused by service have difficulty to find employment. To assist them get a job, the Department of Labor Lawsuits supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly hinders one or more important life activities, such as hearing, sight breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled Boaz Veterans disability attorney who require accommodations to do their job. This is the case unless the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, offering training, and transferring responsibility to different locations or positions in addition to acquiring adaptive hardware or software. For instance in the event that an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If an individual has limited physical dexterity, a company must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.