Veterans Disability Law

Veterans disability law is a vast area. We will help you make sure you receive the benefits that you are entitled to.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is well-prepared and follow your case through the process.

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

Appeal

Many philadelphia veterans disability lawyer are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. 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 followed, and the law is always changing. A skilled lawyer can help you navigate the process, help you determine the right evidence to be submitted with your appeal, and create a compelling case for your case.

The VA appeals process begins with a Notice to Disagreement. It is essential to state clearly in your NOD on the reason you disagree with the unfavorable decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable decision. If you need more time to prepare your NOD, Vimeo.com a request for an extension could be granted.

Once the NOD has been filed after which you will be assigned a date for your hearing. It is essential that your attorney be present with you. The judge will look over your evidence prior to making a final decision. A good lawyer will make sure that all necessary evidence is provided during your hearing. This includes any service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a disabling mental or physical condition which was caused or aggravated by their military service might qualify for disability benefits. These veterans could receive an amount of money per month depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing an application and obtain the medical records they require as well as other documentation to complete the necessary forms, and monitor the progress of the VA.

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

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their job. This includes modifications to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. It is a nationwide training and job placement program that assists veterans with disabilities to jobs and businesses.

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

Employers may ask applicants for any accommodations to participate in the hiring process, for example, extra time to take tests or to provide verbal answers instead of written answers. But the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and improve understanding of veterans' issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many st paul veterans disability attorney who have disabilities due to their service have difficult to find employment. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request regarding a person's medical history and prevents harassment or retaliation in response to disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily living, including hearing and breathing, walking, or seeing. Standing, sitting, working, learning and so on. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete work, an employer must provide it, unless it creates a hardship on the contractor's business. This includes altering the equipment, offering training and transferring responsibilities to different locations or positions and acquiring adaptive software or hardware. For instance, if an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical dexterity, an employer must provide furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.