Veterans Disability Law

The law governing veterans disability is a broad field. We will do our best to help you get the benefits you have earned.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated in military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions and pay and also in training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on what evidence you must submit to support your appeal and assist you build a strong claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is important to be clear in your NOD of the reasons you do not agree with the decision. It is not necessary to list all the reasons you disagree with the decision. Just those that are relevant.

The NoD is submitted within one year of the date of the adverse decision that you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. You must bring your attorney to the hearing. The judge will go over the evidence and then make a final decision. An experienced attorney will ensure that all of the required evidence is presented during your hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and is the result of or aggravated by their military service, could be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file an application and obtain the medical records they require, other documents as well as fill out the required forms, and track the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding a percentage evaluation or disputes over the effective date of the rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if the case is brought to an appeals court.

Our lawyers can assist collegedale veterans disability attorney suffering from disabilities related to their service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or learn to adapt to a new job when their disabilities prevent them from finding meaningful work. 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 north aurora veterans Disability lawyer with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to assist keizer veterans disability attorney with disabilities perform their job. This includes changes in the job description or changes to the workplace.

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

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

Employers may ask applicants for any modifications to participate in the hiring process, including longer time to complete tests or to give verbal instead of written answers. However, the ADA does not permit an employer to ask about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. It is funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans in search of jobs.

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

Employers must offer accommodations to disabled veterans who require accommodations to complete their job. This is true unless the accommodations would create unnecessary hardship for the contractor. This includes altering the equipment, supplying training, and transferring responsibility to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that are specifically designed for people with limited physical dexterity.