Veterans Disability Law

Veterans disability law is a broad area. We will fight to make sure you receive the benefits that you are entitled to.

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to describe why you disagree with the decision. You don't need to list every reason you don't agree with the decision, only the ones that are relevant.

You can file your NOD within one year of when you appealed an unfavorable ruling. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be notified of a date for hearing. It is crucial that your attorney be present along with you. The judge will look over your evidence prior to making a decision. A competent lawyer will make sure that all necessary evidence is presented during your hearing. This includes any service records, medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or worsened by their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating which is a percentage that indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. 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 can also assist with appeals of VA decisions, such as denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date for a rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that 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 is designed to provide education, training and job-related skills that prepare camas Veterans Disability Lawsuit for civilian employment or to adapt to changing careers when their disabilities make it difficult for them to find a job that is meaningful. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This includes changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide training and job placement program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, quick access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants for any special accommodations to participate in the hiring process, such as extra time to take tests or to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled des plaines veterans disability attorney may consider organizing training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help these veterans, the Department of Labor funds EARN an online resource that provides information and job vacancies. Funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prevents harassment or revenge due to disability. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, [Redirect-302] including hearing and walking, breathing, seeing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires accommodations to complete a job, an employer must offer it unless it causes undue hardship on the contractor's business. This includes altering equipment, offering training, transferring the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces or purchase keyboards and mice specially designed for those with restricted physical dexterity.