Veterans Disability Law

Veterans disability law covers a variety of issues. We will do our best to get you the benefits you deserve.

Congress designed the VA claim process to be more accommodating for Vimeo veterans. We ensure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities that arise during military service or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions, and pay and also in training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine the evidence you need to submit to support your appeal and assist to build a strong case.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is crucial to state the reasons you don't agree with the decision. You do not have to list every reason why you disagree, but only those that are relevant.

The NoD is filed within a year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been submitted, you will be provided with a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will go over the evidence and then make a final decision. A good lawyer will make sure that all the necessary evidence is presented at your hearing. Included in this are medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was caused by or aggravated by their military service, may be qualified for disability benefits. These veterans may receive a monthly monetary payment dependent on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans in filing an application and obtain the required medical records, other documents to complete the necessary forms, and keep track of the VA’s progress.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or a dispute over the date of effective rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that further SOCs are filed with all the required information to back every argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian employment or to adjust to a new career when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for veterans with disabilities to perform their job. This includes changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. It is a nationwide job placement and training program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to gain employment. The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers can ask applicants whether they need any accommodations for the selection process. For instance the need for more time to take an exam or if it is okay to speak instead of write their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many alabama veterans disability law firm who have disabilities related to service struggle to obtain employment. To assist them get a job, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can request about a person's medical history and prevents harassment or retaliation due to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily life, such as hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require them to do their job. This is true unless the accommodation would cause undue hardship for the contractor. This can include altering the equipment, offering training and reassigning responsibilities to other positions or places 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, speaking calculators, Braille devices, and Braille displays. If an employee has limited physical strength, employers must provide furniture with lowered or raised surfaces or purchase adapted mouses and Vimeo keyboards.