Veterans Disability Law

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

Congress created the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and we track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in promotions, hiring, and pay and training, and other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be adhered to and the law changes constantly. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it is important to describe your reasons for disagreeing with the decision. You don't have to list all the reasons you disagree with the decision, only those that are relevant.

You can file your NoD within one year from when you appealed an unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.

After the NOD is submitted, you will be provided with a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will go over your evidence and make a final determination. A good attorney will make sure that all the evidence needed is presented at the hearing. This includes any service records, private medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused by or aggravated by their military service, could be qualified for disability benefits. Veterans can receive monthly monetary compensation according to their disability rating, which is a percentage that shows the severity of their problem.

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 in filing a claim and obtain the required medical records and other documents and fill out the required forms, and monitor the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to prepare them for civilian work or be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. 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 who were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled torrance veterans disability attorney to do their job. This includes changes to job duties or changes to the workplace.

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.

greendale veterans disability law Firm with disabilities who are separating from the military could follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

Employers can inquire whether they require any special accommodations to participate in the selection process, like extra time to take a test or permission to give oral instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

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

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to obtain employment. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled waupaca veterans disability lawsuit seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can inquire about a person's medical history and prohibits harassment and reprisals due to disability. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting and working, as well as learning and more. The ADA does not cover certain conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, supplying training and transferring responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces or buy keyboards and mice specifically designed for people with limited physical dexterity.