Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you make sure you receive the benefits that you deserve.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to and the law is constantly changing. An experienced lawyer can help you navigate the process, guide you determine the right evidence to be included in your appeal, and create a compelling case for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons why you disagree with the decision. You don't have to include all the reasons you disagree with the decision, only the ones that are relevant.

You may file your NOD within one year from when you appealed an unfavorable ruling. If you require additional time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will be notified of the date for your hearing. It is essential that your attorney present at the hearing together with you. The judge will look over all evidence presented before making a decision. A good attorney will make sure that all evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

berkeley veterans disability lawsuit who suffer from a debilitating mental or physical condition that was aggravated or caused by their military service might qualify for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans with filing claims, get the necessary medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements on the percentage evaluation or disagreements regarding the effective date of an evaluation. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are prepared with all the necessary information needed to support every argument in a claim.

Our lawyers can assist veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to help veterans prepare for civilian employment or to adapt to an entirely new career if their disabilities hinder their ability to find a job that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their job. This includes changes to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a nationwide job-placement and business-training program that assists disabled veterans disability attorney find work and companies.

Veterans with disabilities who have been removed from the military could follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, quick access to employment, self-employment, and work through long-term services.

An employer may ask applicants if they require any special accommodations to participate in the hiring process, for example, extra time to take tests or permission to provide verbal answers instead of written answers. The ADA does not allow employers to ask about a disability unless it's evident.

Employers who are concerned about discriminatory practices against disabled veterans should think about having training sessions available to all employees to raise awareness and increase understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, pipms.wiki and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult finding employment. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also limits the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that limits one or more major life activities, such as hearing, sight breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (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 can include altering the equipment, Vimeo.com offering training and shifting responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, an employer should provide furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.