Veterans Disability Law

Veterans disability law is a vast area. We will fight to get you the benefits you have earned.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision. Just the ones that are relevant.

The NOD can be submitted within one year of the date of the adverse decision you want to appeal. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will examine your evidence and make a decision. A good lawyer will ensure that all the necessary evidence is exhibited during your hearing. Included in this are any service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental illness that was caused or aggravated by their military service may be eligible for disability benefits. These veterans could receive an annual monetary payment according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans with filing claims, obtain required medical records and other documentation, fill out required forms and track the VA's progress on their behalf.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disputes over the date of rating that is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are prepared with all the necessary information needed to support every argument in a claim.

Our lawyers can assist veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to help them prepare for civilian employment or to adapt to a new haven veterans disability attorney profession when their disabilities keep 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their job. This could include changes in job duties or workplace modifications.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps veterans with disabilities find jobs and companies.

Veterans with disabilities who are leaving from the military can choose one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

Employers may ask applicants to provide any accommodations in the selection process, like more time to sit for tests or permission to give verbal instead of written answers. However, the ADA does not permit employers to inquire about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might be interested in holding training sessions for their entire employees to increase awareness and understanding of veteran issues. In addition, they can contact the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many Dunedin Veterans Disability Attorney with service-related disabilities find it difficult to find employment. To assist them, the Department of Labor port Arthur veterans disability attorney supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to request about a person's medical history and prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering the equipment, supplying training and shifting responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mice that are specifically designed for people with limited physical dexterity.