Veterans Disability Law

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

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and you can track the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated through military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be followed, and the law is ever-changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help to build a strong case.

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

Your NOD can be filed within one year from the date of the unfavorable decision you're appealing. You may be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. It is crucial to have your attorney be present along with you. The judge will look over your evidence and make a final decision. A good lawyer will ensure that all necessary evidence is provided during your hearing. Included in this are any service records, private health records and C&P exams.

Disability Benefits

miami beach veterans disability attorney suffering from a chronic physical or mental disorder that was aggravated or caused through their military service may qualify for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We help veterans to file an application and get the required medical records as well as other documentation and fill out the required forms, and monitor the progress of the VA.

We also can assist with appeals of VA decision, including denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date of a rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant information are filed if a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector, or to adjust to the new job market if their disabilities make it difficult for them to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

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 that employers provide reasonable accommodations for veterans with disabilities to perform their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled derby veterans Disability law firm interested in employment. This is a nationwide program for job placement and business education program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select among five paths to gain employment. This includes reemployment with same employer, rapid access to employment, self-employment and work through long-term service.

Employers can ask applicants whether they require any accommodations in the selection process. For instance that they require longer time to complete the test or if it is okay to speak instead of writing their answers. The ADA does not permit employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may want to consider conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides customized 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 find employment. To help them to find work, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also restricts the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, reassigning duties to other locations or positions, and 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 must offer furniture with higher or lower surfaces, or purchase keyboards and mice adapted for people who have restricted physical dexterity.