Veterans Disability Law

Veterans disability law covers a variety of issues. We are here to assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is well-prepared and you can track the progress of your claim.

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

Appeals

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you should submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you are not happy with the decision. You don't have to include every reason you don't agree with the decision, only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision that you are appealing. If you require longer time to prepare your NOD, an extension can be granted.

Once the NOD is filed and you have been assigned a date for your hearing. You should bring your attorney to the hearing. The judge will look over the evidence and then make a final decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. This includes all service records, private medical records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was caused or aggravated by their military service may be qualified for disability benefits. Veterans can receive monthly monetary compensation according to their disability rating, which is a percentage that indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans with filing claims, obtain required medical records and other documentation, fill out necessary forms and monitor attorneys the progress of the VA on their behalf.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage, or disputes about the date of effective rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required details to support each argument in an appeal.

Our lawyers can assist veterans suffering from disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian employment or adapt to a new profession in the event that their disabilities hinder them from finding work that is meaningful. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps disabled golden valley veterans disability lawyer to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For instance that they require more time to take the test or if it is okay to speak instead of writing their answers. However, the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to get a job. To assist these veterans, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information employers may request about a person's medical history and prevents harassment or retaliation due to disability. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily living, including hearing and walking, breathing, seeing. Standing, sitting, working, learning and more. The ADA excludes certain conditions that are common among Palm Bay Veterans Disability Law Firm, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, reassigning duties to other jobs or facilities, as well as buying adaptive hardware or software. For instance the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice that are made for those with limited physical strength.