Veterans Disability Law

The law governing veterans disability is a broad area. We will work to make sure you receive the benefits that you are entitled to.

The VA claim process was designed to be easy to use by Congress. We make sure your application is thoroughly prepared and track your case through the process.

USERRA requires that employers offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay and training, and other employment terms, conditions, and rights.

Appeals

Many sedro woolley veterans disability law firm are denied benefits or receive an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit with your appeal and help you create a compelling argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't agree with the decision. You don't have to list every reason you disagree, but only those that are relevant.

You can file your NOD within one year of the date you appealed the unfavorable ruling. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed and you have been given a date for your hearing. You must bring your attorney to the hearing. The judge will scrutinize the evidence you have presented before making a decision. A good lawyer will ensure that all of the necessary evidence is exhibited during your hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was caused or worsened due to their military service, could be eligible for disability benefits. They may be eligible for a monthly monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing claims and collect the necessary medical records, other documents and fill out the required forms, and track the VA’s progress.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements over the percentage evaluation or disagreements about the date of effective of rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are submitted with all the necessary information to back every argument in an appeal.

Our lawyers can also help veterans with disabilities resulting from service to apply 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 transition to a new career when their disabilities make it difficult for them to find 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their duties. This could include changes in work duties or workplace changes.

Disabled veterans interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.

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

An employer can ask applicants if they require any accommodations to participate in the hiring process, such as more time to sit for tests or permission to give oral instead of written answers. However, the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans may want to consider holding training sessions for their entire staff to increase awareness and 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 syracuse veterans disability lawsuit who have disabilities resulting from service are unable to find employment. To help these veterans with their job search, the Department of Labor funds EARN, a national resource for job referrals and information. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly limits one or more important life activities, such as hearing, sight, walking, breathing, sitting, standing and working. The ADA does not cover certain conditions that are common for acworth veterans Disability law firm, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This includes altering the equipment, supplying training and transferring responsibilities to other positions or places as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical dexterity, an employer must supply furniture with raised or lower surfaces or purchase adapted mouses and keyboards.