Veterans Disability Law

The law governing veterans disability is a broad area. We assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions pay, training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating, which isn't adequate. A qualified veteran benefits attorney can assist you in filing an appeal to 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 ever-changing. An experienced lawyer can help you navigate the process, guide you identify what evidence should be submitted with your appeal, and create a compelling case for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to explain why you disagree with the decision. You don't need to list all the reasons you disagree with the decision. Just those that are relevant.

The NOD must be filed within one year of the date of the unfavorable decision you are appealing. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will receive the date for your hearing. You should bring your attorney to the hearing. The judge will examine your evidence and make a final determination. A competent lawyer will ensure that all of the necessary evidence is exhibited during your hearing. This includes all service records, private medical records, and any C&P examinations.

Disability Benefits

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

Our new hyde park veterans disability law firm York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist emmett veterans disability lawsuit to file claims and collect the required medical records and other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes over the effective date of a rating. Our firm will make sure that the first 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 assist veterans suffering from disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities preclude their ability 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their jobs. This includes changes in job duties or workplace modifications.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to a job. These include reemployment with same employer; quick access to employment; self-employment and employment through long-term services.

Employers can inquire for any accommodations to participate in the hiring process, including more time to sit for tests or permission to give oral instead of written answers. The ADA does not permit employers to ask about disability unless it's evident.

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 veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To help these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

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

Employers must provide accommodations to disabled veterans who need them to complete their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes altering equipment, offering training, reassigning tasks to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or purchase keyboards and mice specifically designed for people with limited physical dexterity.