Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you get you the benefits you have earned.

Congress designed the VA claim process to be more accommodating for veterans disability law firm veterans disability law firm (Additional Info). We ensure that your application is well-prepared and we track the progress of your claim.

USERRA requires that employers offer reasonable accommodations for employees with disabilities that arise during military service or that are aggravated by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay as well as in training, and other terms, conditions of employment and privileges.

Appeal

Many veterans disability lawyer are denied disability benefits or are given a low rating that ought to be higher. A lawyer for folsom veterans disability lawsuit benefits can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be followed, and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help you identify what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is important to be clear in your NOD on the reason you disagree with the unfavorable decision. You don't have to include all the reasons why you are not happy with the decision. Just the ones that are relevant.

The NOD must be submitted within one year of the date of the adverse decision that you are appealing. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of the date for your hearing. It is essential that your attorney be present with you. The judge will go over your evidence and then make a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was aggravated or caused through their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We help veterans file claims, get the necessary medical records and veterans disability Law firm other documents, complete required forms and track the progress of their VA claim on their behalf.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements with the percentage evaluation, or disagreements regarding the effective date for a rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs with all the necessary details are filed in the event that the case is brought to an appeals court.

Our lawyers can help veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to help them prepare for civilian employment or adjust to a new career when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities do their job. This includes modifications to work duties or changes to the workplace.

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

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

Employers can ask applicants whether they require any modifications for the hiring process. For example that they require longer time to complete an exam or if it's okay to speak instead of write their answers. However, the ADA does not permit an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veteran concerns. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To help them to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. 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 hinders one or more important life activities, such as hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it creates a hardship on the contractor's business. This could include modifying equipment, offering training, transferring the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. For instance, if an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice made for those with restricted physical dexterity.