Veterans Disability Law

Veterans disability law covers a range of issues. We will work to make sure you receive the benefits that you are entitled to.

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

USERRA requires that employers offer reasonable accommodations for employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit for your appeal, and assist you build a strong claim.

The VA appeals procedure starts with a Notice of Disagreement. It is important to make clear in your NOD of the reasons you are dissatisfied with the decision. You don't have to list every reason that you disagree with, but only those that are pertinent.

You are able to file your NOD within one year of when you appealed an unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed after which you will be assigned a time for your hearing. It is crucial that your attorney attend the hearing with you. The judge will go over the evidence and make a final determination. A good attorney will make sure that all the evidence needed is presented during your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and is the result of or worsened by their military service, may be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their problem.

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 an application and get the medical records they require along with other documents, fill out required forms, and track the progress of the VA.

We also can assist with appeals of VA decision, including denials of benefits, disagreements with an evaluation percentage or disputes over the effective date of a rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if an appeals court is involved. an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian work or learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans perform their jobs. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a national program for job placement and business education program that assists disabled veterans find work and companies.

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

Employers can ask applicants whether they require any accommodations during the hiring process. For example the need for more time to finish a test or if it's okay to speak instead of writing their answers. The ADA does not permit employers to inquire about disabilities unless they are obvious.

Employers who are concerned about possible discrimination against disabled veterans ought to consider organizing training sessions for all employees to increase awareness and enhance understanding of veterans' issues. In addition, they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many happy valley Veterans disability attorney with disabilities that are related to their service have difficult to find employment. To help them get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more important life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain ailments that are common among concord veterans disability law firm, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This could include modifying equipment, offering training, transferring tasks to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must offer furniture with raised or lower surfaces or buy keyboards and mice that are specifically designed for people with limited physical strength.