Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We make sure that your application is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or are given a low rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help you determine the right evidence to be included in your appeal and build a strong case for your claim.

The VA appeals process begins with a Notice of Disagreement. In your NOD, you are important to explain your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision, just those that are relevant.

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

Once the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is important to have your attorney present at the hearing with you. The judge will go through your evidence prior to making a decision. A good lawyer will ensure that all necessary evidence is exhibited during your hearing. Included in this are service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a debilitating physical or mental illness which was caused or aggravated by their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file a claim, obtain necessary medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist in appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disagreements over the date of rating that is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are prepared with all the necessary details to support every argument in the claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector or to adapt to the new job market if their disabilities hinder their ability to find meaningful work. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against groveland veterans disability law firm with disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their job. This includes changes to the work environment or job duties.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; fast access to employment, self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example that they require more time to take the test or if it's acceptable to speak instead of write their answers. However, the ADA does not allow an employer to ask about the disability status of a candidate in the absence of evidence.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and increase understanding of veteran issues. In addition they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult finding employment. To assist these pecos veterans disability law firm to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled Royal Oak veterans disability lawsuit seeking job opportunities.

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

If a disabled veteran requires an accommodation to do work, an employer must offer it unless it creates a hardship on the contractor's business. This includes modifying equipment, providing training, reassigning the duties to different jobs or facilities, as well as purchasing adaptive software or hardware. For example the case of an employee who 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. If a person is unable to exercise physical strength, the employer must supply furniture with raised or lower surfaces or purchase specially designed keyboards and mice.