Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and you can track the progress of your claim.

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

Appeals

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help you determine the right evidence to be submitted with your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice of Disagreement. It is important to make clear in your NOD on the reason you disagree with the unfavorable decision. You do not have to list every reason why you disagree, but only those that are relevant.

The NoD is filed within one year of the date of the adverse decision that you are appealing. If you require additional time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will receive an appointment date. Your attorney should be present to the hearing. The judge will scrutinize the evidence you have presented before making a decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. This includes all service records, private medical records and C&P exams.

Disability Benefits

steamboat springs veterans disability law firm who suffer from a debilitating physical or mental disorder that was aggravated or caused by their military service might be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans to file an application and get the required medical records, other documents and fill out the required forms, and track the VA’s progress.

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

Our lawyers can assist veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work, or to adjust to changing careers when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards greenville Veterans disability attorney who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their job. This includes changes to job duties 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 job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

colorado city veterans disability attorney with disabilities who are separated from the military could follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For example if they require longer time to complete the test or if it's okay to talk instead of writing 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 may want to consider conducting training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find work. To help them to find work, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans who are looking for work.

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

Employers are required to provide accommodations for disabled veterans who require them in order to perform their job. This is not the case if the accommodations would create unnecessary hardship for the contractor. This includes modifying the equipment, providing training and reassigning responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. If a person has limited physical dexterity, an employer should provide furniture with raised or lower surfaces, or purchase mouses and keyboards that are adapted to the user.