Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you ensure you receive the benefits you deserve.

The VA claim process was designed to be easy to use by Congress. We make sure your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions pay, training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or get low disability ratings when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be adhered to, and the law is constantly changing. An experienced lawyer can help you navigate the process, assist you to determine the right evidence to be submitted with your appeal, and build a strong case for your claim.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it is crucial to state the reasons you don't agree with the decision. It is not necessary to list all the reasons why you are not happy with the decision, only the ones that are relevant.

Your NOD can be submitted within one year of the date of the unfavorable decision you want to appeal. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD has been submitted, you will be provided with an appointment for hearing. It is essential that your attorney attend the hearing together with you. The judge will review the evidence and then make a final decision. A good attorney will make sure that all the proper evidence is presented during your hearing. This includes any service records, private medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused by or worsened as a result of their military service, could be qualified for disability benefits. Veterans may receive an amount of money per month dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist Martinez Veterans Disability Law Firm to file a claim, obtain necessary medical records and other documents, complete required forms and track the progress of their VA claim on their behalf.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or a dispute over the effective date of rating. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are prepared with all the necessary information to support each argument in an appeal.

Our lawyers can help veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian employment, or to adjust to a new career when their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their duties. This includes modifications to job duties or workplace adjustments.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants for any modifications to participate in the hiring process, for example, more time to take an exam or the ability to give oral instead of written answers. But the ADA does not permit employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discriminatory practices against disabled veterans should think about holding training sessions for all employees to increase awareness and better understand veteran concerns. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To help these farmington veterans disability law firm in obtaining employment, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

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

If a disabled veteran requires an accommodation to perform work, an employer must provide it unless it would impose undue hardship on the contractor's business. This could include modifying equipment, offering training, delegating the duties to different locations or positions, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, employers must supply furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.