Veterans Disability Law

The law governing Conyers Veterans Disability Lawyer disability is a broad area. We will do our best to make sure you receive the benefits that you are entitled to.

Congress created the VA claim process to be more accommodating for veterans. We ensure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated through military service. Title I of ADA prohibits discrimination based on disability in promotions, hiring, and pay and training, as well as other employment terms, conditions, and privileges.

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be adhered to and the law is ever-changing. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present with your appeal and help you prepare a convincing argument.

The VA appeals process begins with a Notice to Disagreement. It is important to make clear in your NOD of the reasons you are dissatisfied with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

You can file your NOD within one year of when you appealed an unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed after which you will be given a date for your hearing. Your attorney should be present to this hearing. The judge will scrutinize all of your evidence before making a final decision. An experienced attorney will ensure that all the proper evidence is presented at the hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental condition that was caused or aggravated through their military service could qualify for disability benefits. These veterans could receive an amount of money per month based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help veterans file claims, obtain required medical records and other documentation, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements on the percentage evaluation or a dispute over the date of effective rating. Our firm will make sure that the first Statement of the Case is properly 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 assist veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that help otsego veterans disability lawyer prepare for civilian employment or to transition to changing careers when their disabilities preclude their ability to find a job that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities do their jobs. This includes modifications in job duties or changes to the workplace.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that assists veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different paths to work. This includes reemployment with the same employer, rapid access to employment, self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For instance if they require more time to take an exam or if it's okay to speak instead of write their answers. The ADA does not permit employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult finding employment. To help them, the Department of Labor supports a national job referral and information resource known as EARN. 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 in search of jobs.

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

Employers must provide accommodations to disabled veterans who need them in order to perform their job. This is true unless the accommodation creates unnecessary hardship for the contractor. This includes altering the equipment, supplying training and reassigning responsibilities to other positions or places and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical strength, the employer must provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.