Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be followed and the law is constantly changing. An experienced lawyer can guide you through the process, help you determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you are dissatisfied with the decision. You do not have to list every reason you disagree, but only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you want to appeal. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney present at the hearing together with you. The judge will examine your evidence and make a decision. An experienced attorney will ensure that all the proper evidence is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a crippling physical or mental condition that was aggravated or caused through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that worthington veterans disability lawsuit get all benefits they're entitled to. We help veterans file a claim, obtain necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We also can assist in appeals of any VA decision. This includes denials of VA benefits, disagreements about a percentage evaluation or disagreements over the date of effective rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required information are filed when a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or adapt to a new profession when their disabilities prevent them from finding meaningful work. 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 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 veterans with disabilities to perform their job. This includes modifications to job duties or changes to the workplace.

Disabled western Springs veterans Disability law firm interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that assists veterans with disabilities to jobs and businesses.

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

Employers may ask applicants if they require any accommodations during the selection process. For example if they require more time to take the test or if they feel it's okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless it is evident.

Employers that are concerned about possible discrimination against disabled bronxville veterans disability attorney should think about conducting training sessions for all employees to increase awareness and improve understanding of veteran concerns. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To help these veterans get a job, the Department of Labor supports a national job search 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 work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that restricts one or more of the important life activities, like hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete a job, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering equipment, providing training, shifting the duties to different jobs or facilities, and acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an employee has limited physical strength, the employer must provide furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.