Veterans Disability Law

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

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in the hiring process, promotions and pay and also in training, as well as other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or receive a low rating that should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, assist you to determine what evidence you should submitted with your appeal, and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is essential to make clear in your NOD about why you are dissatisfied with the decision. You don't have to include all the reasons you disagree with the decision, just those that are relevant.

You are able to file your NOD within one year of when you appealed an unfavorable ruling. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. You should bring your attorney to this hearing. The judge will look over the evidence you have presented before making a final decision. A good lawyer will make sure that all the necessary evidence is exhibited during your hearing. This includes any service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition that was caused or worsened by their military service might qualify for disability benefits. They may be eligible for monthly monetary payments depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that senatobia veterans disability law firm are able to receive all the benefits to which they are entitled. We assist veterans with filing claims, obtain required medical records as well as other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disagreements over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are prepared with all the necessary information to support each argument in a claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to transition to the new job market if their disabilities hinder their ability to find meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to veterans with disabilities to perform their duties. This includes modifications to job duties and changes to the workplace.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national training and job placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military can choose one of five routes to find 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 employment through long-term service.

An employer may ask applicants whether they require any accommodations to participate in the hiring process, such as more time to take tests or permission to provide oral rather than written answers. However, the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and better understand veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find work. To assist them get a job, the Department of Labor 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 that connects employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment and retaliation based on disability. The ADA defines disability as a condition that substantially hinders one or more essential life activities, like hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must offer it unless it would impose undue hardship on the contractor's business. This can include changing equipment, offering training, reassigning tasks to other positions or facilities, and purchasing adaptive software or hardware. For instance, if an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. Employers must offer furniture with raised or lower surfaces, or purchase keyboards and mice that are specially designed for those with physical limitations.