Veterans Disability Law

Veterans disability law is a broad area. We will fight to help you get the benefits you have earned.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and also in training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for stewartville veterans disability law firm Claims. The procedure is complex, with specific rules and procedures to be adhered to and the law changes constantly. An experienced lawyer will guide you through the appeals procedure, determine what evidence you should submit with your appeal and help you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is important to make clear in your NOD about why you are dissatisfied with the decision. You don't need to list every reason you don't agree with the decision, but only those that are relevant.

You can file your NoD within one year from the date you appealed against the unfavorable ruling. If you require more time to prepare your NOD, an extension could be granted.

After the NOD has been filed after which you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will review the evidence you have presented before making a decision. A competent lawyer will make sure that all of the necessary evidence is presented during your hearing. Included in this are any medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused or worsened due to their military service, may be eligible for disability benefits. These veterans could receive monthly monetary payments depending on 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 help veterans to file an application and obtain the medical records they require and other documents and fill out the required forms, and keep track of the VA’s progress.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation, or disputes about the date at which a rating is effective. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the relevant details are filed in the event that the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to transition to an entirely new career if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations for disabled brighton veterans Disability law firm to do their duties. This includes changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide job-training and placement program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to employment. The five options include reemployment with the same company, fast access to employment, self-employment and work through long-term services.

Employers can inquire whether they require any modifications to participate in the selection process, like longer time to complete tests or to give verbal instead of written answers. The ADA does not permit employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans should consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran concerns. In addition they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to get a job. To help them, the Department of Labor funds EARN, a national resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also restricts the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more important life activities, such as hearing, sight breathing, walking sitting, standing, and working. The ADA does not cover certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, providing training and shifting responsibilities to different locations or positions and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical strength, employers must provide furniture with raised or lowered surfaces, or purchase adapted mouses and keyboards.