Veterans Disability Law

The law governing veterans disability is a broad field. We will do our best to make sure you receive the benefits that you deserve.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is properly prepared and we track your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in the hiring process, promotions and pay and training, and other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits or receive a low disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for De Pere Veterans Disability Lawyer Claims. The procedure is complex, with specific rules and procedures that must be adhered to, 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 develop a convincing argument for your case.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to make clear in your NOD about why you do not agree with the decision. You don't need to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

You can file your NoD within one year from when you appealed an unfavorable ruling. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go through all of your evidence before making a decision. A competent lawyer will make sure that all the required evidence is provided during your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or aggravated by their military service could be qualified for disability benefits. These veterans may receive monthly monetary compensation dependent on their disability score, which is a percentage that indicates the severity of their illness.

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, obtain the required medical records as well as other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

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

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to adapt to the new job market if their disabilities preclude their ability to pursue 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 (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities do their jobs. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled genoa veterans disability lawsuit who are interested in a job. It is a nationwide program for job placement and training which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the 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 during the hiring process. For instance that they require more time to finish a test or if it is okay to speak instead of writing their answers. But the ADA does not allow an employer to ask about a person's disability status in the absence of evidence.

Employers that are concerned about discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to increase awareness and better understand veteran concerns. In addition, they can reach out to the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist them get a job, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. It also limits the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the major life activities such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete work, the employer must provide it, unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, shifting duties to other positions or facilities, and acquiring adaptive hardware or software. For instance in the event that an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If a person is unable to exercise physical strength, employers must provide furniture with raised or lower surfaces, or purchase specially designed keyboards and mice.