apple valley veterans disability law firm (More Help) Disability Law

The law governing veterans disability is a vast area. We will do our best to get you the benefits you are entitled to.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is properly prepared and track the progress of your case.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you should submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is essential to be clear in your NOD about why you are dissatisfied with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision you want to appeal. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with a date for hearing. It is essential that your attorney present at the hearing with you. The judge will go through the evidence you have presented before making a final decision. A good attorney will ensure that all evidence is presented at your hearing. Included in this are any service records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was triggered or worsened by their military service may be eligible 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 condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans with filing a claim, obtain necessary medical records and other documents, complete required forms and track the progress of their VA claim on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding a percentage evaluation or disputes about the date of effective of the rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that additional SOCs are prepared with all the necessary information to support each argument in the claim.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to help them prepare for civilian employment or Apple Valley Veterans Disability Law Firm adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their duties. This could include changes in the work environment or job duties.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to employment. This includes reemployment with same employer; rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers may ask applicants if they require any accommodations in the hiring process, such as extra time to take tests or permission to give verbal instead of written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about possible discrimination against disabled veterans should think about conducting training sessions for all employees to raise awareness and improve understanding of veteran-related issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To help them to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. The ADA also restricts the information employers may request regarding a person's medical history and prevents harassment and discrimination based on disability. The ADA defines disability as a condition that significantly hinders one or more essential life activities, like hearing, seeing breathing, walking, sitting, apple valley veterans disability law firm standing, learning and working. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must offer it unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, supplying training, and transferring responsibility to other positions or places, as well as acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer should provide furniture with raised or lower surfaces or purchase adapted mouses and keyboards.