Veterans Disability Law

beach park veterans disability lawsuit disability law covers a wide variety of issues. We work to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay and training, as well as other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or get low disability ratings when it should be higher. A qualified veteran benefits lawyer 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 laws are constantly changing. A skilled lawyer can help you navigate the process, help determine what evidence you should submitted with your appeal, and help you build a strong argument for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to be clear in your NOD about why you are not happy with the decision. It is not necessary to list every reason why you disagree with, but only those that are pertinent.

You can file your NoD within one year of the date that you appealed the unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a date for your hearing. Your attorney should be present to the hearing. The judge will scrutinize all of your evidence before making a final decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. This includes any service records, medical records and any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or worsened through 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 demonstrates the severity of their condition.

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

We also can assist with appeals of any VA decision, including denials of benefits, disagreements with the percentage evaluation, or disagreements over the effective date of the rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are filed with all the required details to support each argument in a claim.

Our lawyers can assist veterans with disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian employment or to begin an entirely new career if their disabilities hinder their ability 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 towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans perform their job. This includes changes to the job description or changes to the workplace.

Disabled veterans interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national training and job placement program that helps veterans with disabilities to jobs and businesses.

mechanicsburg veterans disability attorney with disabilities who are separating from the military can choose one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; fast access to employment; self-employment; and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For instance, if they need more time to finish a test or if it's acceptable to speak instead of write their answers. The ADA does not permit employers to inquire about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in organizing training sessions for their entire staff to increase awareness and understanding of veteran-related issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find work. To help them 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 phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more major aspects of daily life, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning, etc. The ADA excludes certain conditions that are common to veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them to complete their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, supplying training and reassigning responsibilities to other positions or locations and acquiring adaptive hardware or software. For example, if an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mice that are made for those with limited physical dexterity.