Veterans Disability Law

Veterans disability law is a broad field. We work to help you get the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures to be followed and the law is always changing. A skilled lawyer can help you navigate the process, assist you to identify what evidence should be included in your appeal, and create a compelling case for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe the reasons you don't agree with the decision. You don't have to include all the reasons you do not agree with the decision. Just the ones that are relevant.

Your NOD can be filed within a year of the date of the unfavorable decision you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney attend the hearing with you. The judge will look over the evidence and make a decision. A good attorney will make sure that all the proper evidence is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and is the result of or aggravated by their military service may be eligible for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that Bristol veterans disability Lawsuit receive all of the benefits to which they are entitled. We assist veterans in filing a claim and obtain the required medical records, other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage, or disputes about the date of rating that is effective. Our firm will make sure that the initial Statement of the Case is correctly 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 also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities prevent them from finding meaningful work. 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 with 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 assist veterans with disabilities perform their job. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. It is a nationwide training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military can choose one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and employment through long-term services.

An employer can ask applicants whether they require any special accommodations to participate in the hiring process, including more time to sit for a test or permission to provide verbal answers instead of written answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. Additionally they can seek out the Job Accommodation Network, a free consultation service that offers individual workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To help these veterans, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy, it provides a free phone number and an electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more important life activities, such as hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled auburndale veterans disability law firm who need them to complete their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, offering training, and transferring responsibility to other positions or places, as well as acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical strength, employers should provide furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.