Veterans Disability Law

Veterans disability law covers a variety of issues. We are here to help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed, and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, you are important to provide reasons your reasons for disagreeing with the decision. You don't need to list every reason you don't agree with the decision, just those that are relevant.

Your NOD can be filed within one year from the date of the adverse decision that you are appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed after which you will be given a date for your hearing. You must bring your attorney to this hearing. The judge will go over the evidence and then make a final decision. A good attorney will make sure that all of the required evidence is presented at the hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or worsened due to their military service, may be qualified for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their illness.

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

We can also assist with appeals of any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date of a rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can assist veterans suffering from disabilities resulting from their service to 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 adjust to a new career when their disabilities prevent them from being able to find a job that is meaningful. 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 prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their job. This includes changes to the job description or changes to the workplace.

Disabled smithfield veterans disability law firm who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps connect demopolis veterans disability lawyer with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military may follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; rapid access to employment; self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For example that they require longer time to complete a test or if it is okay to speak instead of write their answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might think about organizing training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To aid these veterans with their job search, the Department of Labor funds EARN, a national resource for information and job vacancies. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions or benefits, as well as other terms and conditions of employment. It also limits the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform work, an employer must offer it unless it would impose undue hardship on the contractor's business. This could include modifying the equipment, providing training and reassigning responsibilities to other positions or places and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, a company should provide furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.