Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of sammamish veterans disability lawsuit. We will ensure that your claim is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you must submit with your appeal and help to build a strong case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

Your NOD can be submitted within one year of the date of the adverse decision you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. It is crucial that your attorney be present along with you. The judge will look over the evidence and then make a final decision. A good lawyer will ensure that all of the necessary evidence is provided during your hearing. This includes all service records, private medical records and C&P tests.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition which was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for an annual monetary payment based on the severity of their disability.

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 assist veterans with filing claims, obtain required medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.

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

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian work or to transition to a new career when their disabilities prevent them from being able to find work that is meaningful. 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 laguna Woods veterans disability law Firm with disabilities, including those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find work and businesses.

Veterans with disabilities who are leaving from the military may follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment, self-employment and employment through long-term services.

Employers may ask applicants if they need any accommodations for the selection process. For example if they require more time to take a test or if it is okay to speak instead of writing their answers. But the ADA does not permit an employer to ask about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may be interested in holding training sessions for all of their employees to increase awareness and understanding of veteran issues. 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 laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find work. To assist them with their job search, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for jobs.

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

If a disabled veteran needs an accommodation to do work, the employer must accommodate it unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, shifting duties to other locations or positions, and buying adaptive hardware or software. For instance in the event that an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mouse that are adapted for people who have restricted physical dexterity.