Veterans Disability Law

The law governing veterans disability is a broad area. We will do our best to get you the benefits you deserve.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer can guide you through the process, help identify what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, you are important to provide reasons your reasons for disagreeing 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 ruling. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will be notified of an appointment date. It is important to have your attorney attend this hearing together with you. The judge will look over your evidence prior to making a decision. A good attorney will ensure that all the proper evidence is presented at the hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or aggravated by their military service might qualify for disability benefits. These veterans can receive a monthly monetary payment based on their disability rating, which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that sharonville veterans disability lawyer are able to receive all the benefits to which they have a right to. We assist veterans in filing an application, obtain the required medical records and other documentation, fill out necessary forms and monitor the progress of the VA on their behalf.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disputes over the date of effective rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filed with all the required details to support each argument in the claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to transition to changing careers when their disabilities preclude their ability to find a job that is meaningful. It is also possible for disabled st michael veterans disability Lawyer 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 for disabled veterans to complete their duties. This could include changes to work duties or changes to the workplace.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, rapid access to employment, self-employment, and employment through long-term military service.

Employers may ask applicants if they require any modifications for the selection process. For example, if they need more time to take an exam or if it's okay to speak instead of write their answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to increase awareness and better understand veteran concerns. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find work. To assist these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially limits one or more major life activities, such as hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform a job, an employer must provide it unless it causes undue hardship on the contractor's business. This includes altering the equipment, providing training and reassigning responsibilities to other positions or places, as well as acquiring adaptive software or hardware. For instance, if an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical dexterity, an employer must supply furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.