Veterans Disability Law

Veterans disability law is a broad field. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A lawyer for veterans benefits can help 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 always changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the type of evidence you need to present to support your appeal and assist to build a strong case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is essential to make clear in your NOD as to why you are dissatisfied with the decision. You do not have to list every reason 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 are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date for your hearing. You must bring your attorney to this hearing. The judge will go over the evidence and make a decision. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was caused or worsened by their military service, may be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score, which is a percentage that shows the severity of their condition.

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

We also can assist in appeals of any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date for the rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed if the case is brought to an appeals court.

Our lawyers can also assist lochbuie veterans Disability Lawyer with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment, or to adjust to a new career when their disabilities prevent them from being able to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

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 perform their jobs. This includes adjustments in job duties or workplace adjustments.

Disabled veterans interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find employment and companies.

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

An employer may ask applicants to provide any modifications to participate in the selection process, like longer time to complete tests or permission to give oral instead of written answers. But the ADA does not allow employers to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. Additionally, they can reach out to the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many sequim veterans disability lawyer who have disabilities due to their service have difficult finding employment. To help them get a job, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, including hearing and breathing, walking, or seeing. Standing, sitting and working, as well as learning and so on. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must provide accommodations to disabled totowa veterans disability lawsuit who require accommodations to complete their job. This is true unless the accommodation causes undue hardship for the contractor. This can include altering the equipment, offering training and shifting responsibilities to other positions or locations and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces or purchase keyboards and mouse that are specifically designed for people with limited physical dexterity.