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Veterans disability law covers a variety of issues. We will help you get the benefits to which you are entitled.
The VA claim process was developed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.
USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay and also in training, and other terms, conditions of employment and rights.
Appeals
Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is always changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you create a compelling argument.
The VA appeals process begins with a Notification of Disagreement. In your NOD, you are crucial to state why you disagree with the decision. You do not have to list every reason why you disagree with, but only those that are pertinent.
Your NOD can be filed within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if you require additional time to prepare your NOD.
After the NOD is filed, you will be given a date for hearing. It is crucial that your attorney attend this hearing along with you. The judge will scrutinize all evidence presented before making a decision. An experienced attorney will ensure that all the proper evidence is presented at your hearing. This includes all service records, private medical records, and any C&P examinations.
Disability Benefits
Veterans who suffer from a disabling mental or physical condition that was caused or worsened by their military service may be eligible for disability benefits. These veterans could receive an annual monetary payment dependent on the severity of their disability rating.
Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file claims, obtain required medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.
We also can assist in appeals of any VA decision. This includes denials of VA benefits, Veterans disagreements over the evaluation of a percentage or a dispute over the date of effective 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 prepared with all the necessary information to support every argument in a claim.
Our lawyers can help veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector or to transition to a new career when their disabilities hinder their ability to find work that is meaningful. 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, including those caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities perform their jobs. This includes changes in work duties or workplace changes.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a national job placement and business training program that helps disabled veterans find jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to employment. This includes reemployment with the same employer; quick access to employment; self-employment and employment through long-term care.
Employers can ask applicants whether they require any accommodations during the selection process. For example, if they need more time to complete the test or if they feel it is okay to speak instead of write their answers. However, the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.
Employers who are concerned about discrimination against disabled iowa park veterans disability law firm might think about having training sessions for all of their employees to increase awareness and understanding of veteran-related 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 service-related disabilities find it difficult to obtain employment. To help them get a job, the Department of Labor supports a national job-related referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for work.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. The ADA also restricts the information employers may request regarding a person's medical history and prevents harassment or discrimination in response to disability. The ADA defines disability as a condition that hinders 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 to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).
Employers are required to provide accommodations for disabled veterans who need them in order to perform their job. This is not the case if the accommodation causes undue hardship to the contractor. This can include altering the equipment, offering training and shifting responsibilities to different locations or positions and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice specifically designed for people with limited physical dexterity.
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