Veterans Disability Law

Veterans disability law covers a wide range of issues. We help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is well-prepared and follow your case through the process.

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

Appeals

Many sellersville veterans disability Law firm are denied benefits or have an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be followed and the law is constantly changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you build a strong claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you are not happy with the decision. You do not have to list every reason you disagree with, but only those that are relevant.

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

After the NOD has been submitted, you will be provided with the date for your hearing. You must bring your attorney to the hearing. The judge will review your evidence prior to making a decision. A competent lawyer will make sure that all the necessary evidence is presented at your hearing. This includes all service records, private medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder that was aggravated or caused by their military service might be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file an application and get the required medical records and other documents, fill out required forms, and monitor the VA’s progress.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation or disagreements over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed if the case is brought to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities may 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 with disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities perform their duties. This includes changes to work duties or workplace changes.

Disabled washington veterans disability lawsuit seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment and work through long-term services.

Employers can ask applicants whether they require any accommodations in the hiring process. For instance the need for more time to take the test or if they feel it's acceptable to speak instead of writing 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 may want to consider organizing training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. 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 experience difficult to find employment. To assist these veterans with their job search, the Department of Labor funds EARN which is a national source for information and referrals to jobs. It is funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that restricts one or more major life activities such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation in order to complete a job, an employer must provide it unless it creates a hardship on the contractor's business. This can include altering the equipment, providing training and shifting responsibilities to other positions or locations and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, an employer should provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.