Veterans Disability Law

veterans disability, Recommended Web site, law covers a wide variety of issues. We will help you get the benefits to which you are entitled.

Congress created the VA claim process to be a veteran-friendly one. We make sure your application is well-prepared and follow your case through the process.

USERRA requires that employers offer reasonable accommodations to employees with disabilities incurred during military service or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. 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 adhered to and the law is always changing. A knowledgeable lawyer can guide you through the process, help you determine the right evidence to be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it's important to describe why you disagree with the decision. You don't need to list all the reasons you disagree with the decision, but only the ones that are relevant.

Your NOD can be filed within one year of the date of the adverse decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. Your attorney should be present to the hearing. The judge will look over all evidence presented before making a final decision. A competent lawyer will ensure that all the necessary evidence is presented during your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was caused by or worsened due to their military service could 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 disability lawsuit get all the benefits to which they have a right to. We assist veterans in filing claims and collect the medical records they require, other documents as well as fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date of the rating. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are submitted with all the necessary information needed to support each argument in an appeal.

Our lawyers can also assist veterans disability lawsuit with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian work or be able to adjust to a different profession when their disabilities prevent them from working in a meaningful way. 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 who may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their duties. This includes changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. It is a nationwide job-training and placement program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different paths to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers may ask applicants if they require any accommodations during the selection process. For example the need for longer time to complete an exam or if it is okay to speak instead of write their answers. The ADA does not allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to get a job. To assist them to find work, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans seeking employment.

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

Employers must make accommodations for disabled veterans who require them in order to perform their job. This is the case unless the accommodations would create unnecessary hardship to the contractor. This can include changing equipment, Veterans Disability providing training, shifting duties to other positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, a company must supply furniture with lowered or raised surfaces or purchase adapted keyboards and mouses.