Veterans Disability Law

The law governing veterans disability is a broad field. We will do our best to get you the benefits you are entitled to.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions, and pay and also in training, and other terms, conditions of employment, and rights.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law is constantly changing. An experienced lawyer can guide you through the process, assist you to determine what evidence should be included in your appeal and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to state clearly in your NOD as to why you are dissatisfied with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You may file your NOD within one year from the date 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, you will be notified of a date for hearing. It is crucial that your attorney be present with you. The judge will look over the evidence and make a final determination. A good lawyer will make sure that all the necessary evidence is presented at your hearing. Included in this are service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. Veterans may receive monthly monetary payments depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans file an application, obtain the required medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

We can also assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the date of effective rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required details to support every argument in a claim.

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled albuquerque veterans disability law firm to do their job. This includes changes to work duties or workplace changes.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national training and job placement program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to a job. The five options include reemployment at the same employer, quick access to employment, self-employment, and employment through long-term military service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance, if they need longer time to complete a test or if it's okay to speak instead of write their answers. The ADA doesn't allow employers to inquire about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many alameda veterans disability lawyer with disabilities caused by service have difficulty to find work. To assist these Laconia veterans disability law firm to find work, the Department of Labor funds EARN, a national resource for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking employment.

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

If a disabled veteran requires an accommodation in order to complete work, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, supplying training, and transferring responsibility to different positions or locations as well as purchasing 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 and talking calculators, Braille devices, and Braille displays. If an employee has limited physical strength, the employer must provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.