Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to ensure you receive the benefits you have earned.

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is properly prepared and track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or receive a low rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help you identify what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to state clearly in your NOD as to why you are not happy with the decision. You don't have to list all the reasons you disagree with the decision, [empty] just the ones that are relevant.

You are able to file your NOD within one year of the date you appealed against the unfavorable ruling. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD is filed after which you will be given a date for your hearing. It is crucial to have your attorney be present together with you. The judge will scrutinize the evidence you have presented before making a final decision. A good lawyer will make sure that all the necessary evidence is exhibited during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

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

Our New York disability attorneys work to ensure that novato veterans disability lawyer receive all the benefits to which they have a right to. We assist veterans with filing claims, obtain required medical records and other documents, complete required forms and track the VA's progress on their behalf.

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

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training, and job skills for Webster city veterans Disability lawyer to prepare them for civilian work or learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities perform their job. This includes changes to job duties and changes to the workplace.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment, self-employment and work through long-term service.

Employers can inquire for any accommodations in the selection process, like more time to take tests or to give oral instead of written answers. But the ADA does not permit an employer to ask about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for all of their employees to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to get a job. To aid these veterans, the Department of Labor funds EARN, a national resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy, it provides a free phone number and an electronic information system that connects employers with disabled veterans who are seeking jobs.

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

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it causes undue hardship on the contractor's business. This can include altering the equipment, providing training, and transferring responsibility to other positions or places, as well as acquiring adaptive hardware or software. For instance, if an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. If a person is unable to exercise physical dexterity, a company must provide furniture with raised or lower surfaces, or purchase mouses and keyboards that are adapted to the user.