Veterans Disability Law

The law governing veterans disability is a vast area. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to describe the reasons you don't agree with the decision. You don't need to list all the reasons you disagree with the decision, just those that are relevant.

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

Once the NOD has been submitted, you will be provided with an appointment for hearing. It is crucial that your attorney present at the hearing along with you. The judge will go over your evidence and make a final determination. A competent attorney will make sure that all the proper evidence is presented during your hearing. This includes all service records, private medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a chronic physical or mental disorder that was aggravated or caused through their military service could be eligible for disability benefits. These Middleburg heights Veterans disability attorney can receive a monthly monetary payment according to their disability rating, which is a percentage which indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans to file claims and collect the necessary medical records along with other documents as well as fill out the required forms, and track the progress of the VA.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or a dispute over the date at which a rating is effective. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to begin the new job market if their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards lawrenceville veterans disability lawsuit who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program which assists disabled niles veterans disability lawyer to jobs and businesses.

Veterans with disabilities who are separating from the military can follow one of five pathways to 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 the possibility of employment through long-term service.

An employer may ask applicants for any special accommodations to participate in the hiring process, including extra time to take an exam or the ability to provide verbal answers instead of written answers. But the ADA does not permit employers to inquire about a person's disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to increase awareness and improve understanding of veterans' issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help them with their job search, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also limits the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly hinders one or more important life activities, including hearing, seeing breathing, walking 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).

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, providing training, transferring duties to other positions or facilities, and buying 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. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mice that are specifically designed for people with physical limitations.