Veterans Disability Law

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

Congress designed the VA claim process to be veteran-friendly. We make sure your application is properly prepared and we track your case through the process.

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

Appeals

Many veterans are denied benefits or receive low disability ratings 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 adhered to, and the law is constantly changing. An experienced lawyer can help you navigate the process, help 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). In your NOD, it's important to describe why you are not happy with the decision. It is not necessary to list every reason you disagree with, but only those that are pertinent.

You are able to file your NOD within one year from the date you appealed against the unfavorable ruling. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a date for your hearing. It is crucial to have your attorney attend this hearing together with you. The judge will go over the evidence and make a final decision. A competent attorney will make sure that all the evidence needed is presented at your hearing. Included in this are service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was aggravated or caused through 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 indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans to file a claim and obtain the medical records they require, other documents and fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals to any VA decisions, such as denials of benefits, disagreements on the percentage evaluation or disagreements over the effective date of rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are filed with all the required information to back each argument in an appeal.

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector or to begin changing careers when their disabilities hinder their ability to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against staunton veterans disability law firm with disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This includes modifications to job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a nation-wide job placement and training program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to work. These include reemployment with same employer; quick access to employment; self-employment; and employment through long-term services.

Employers can inquire whether they require any special accommodations to participate in the hiring process, such as extra time to take tests or permission to provide verbal answers instead of written answers. However, the ADA does not allow an employer to ask about a person's disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans should think about having training sessions available to all employees to raise awareness and enhance understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult to find employment. To help these peachtree city veterans disability lawyer to find work, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. 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 substantially hinders one or more essential life activities, such as hearing, seeing breathing, walking sitting, standing and working. The ADA excludes some conditions that are common among Wilkinsburg veterans disability Lawyer, for example tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering the equipment, providing training and reassigning responsibilities to different positions or locations as well as purchasing adaptive software or hardware. For example, if an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with raised or lower surfaces or purchase keyboards and mouse that are specially designed for those with physical limitations.