Veterans Disability Law

Veterans disability law covers a variety of issues. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied benefits or have low disability ratings when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you must submit in your appeal, and help you prepare a convincing argument.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to make clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list all the reasons you do not agree with the decision, just those that are relevant.

You can file your NoD within one year of when you appealed an unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed and the NOD is filed, you will be assigned a time for your hearing. Your attorney should be present to the hearing. The judge will review the evidence and make a decision. A good attorney will ensure that all the evidence needed is presented at your hearing. Included in this are any medical records, service medical records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused 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 shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application and get the necessary medical records, other documents and fill out the required forms, and monitor the VA’s progress.

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

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian employment or to adjust to a new career when their disabilities prevent them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

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

Disabled veterans looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled bellmawr veterans disability lawyer to select from five different paths to work. The five options include reemployment at the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For instance, if they need more time to take the test or if it's okay to talk instead of writing their answers. However, the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to increase awareness and improve understanding of veterans' issues. In addition they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to find work. To help these veterans get a job, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled cartersville veterans Disability Lawyer - vimeo.Com - looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can request regarding a person's medical history and prohibits harassment and reprisals in response to disability. The ADA defines disability as a condition which 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 for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete a job, an employer must accommodate it unless it creates a hardship on the contractor's business. This includes modifying the equipment, supplying training and reassigning responsibilities to other positions or places as well as purchasing adaptive hardware or software. For example in the event that an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice adapted for people who have physical limitations.