Veterans Disability Law

The law governing veterans disability is a broad field. We will work to make sure you receive the benefits that you are entitled to.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed and the law is ever-changing. A skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal, and create a compelling case for your claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are crucial to state your reasons for disagreeing with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will receive a date for hearing. It is important to have your attorney be present together with you. The judge will go over the evidence and then make a final decision. A good attorney will ensure that all evidence is presented during your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

cushing veterans Disability lawsuit who suffer from a physical or mental illness that is debilitating and is the result of or worsened due to their military service may be eligible for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating, which is a percentage which indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist avon veterans disability attorney to file claims and collect the required medical records along with other documents and fill out the required forms, and keep track of the progress of the VA.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements with an evaluation percentage or disputes about the date of effective of a rating. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that additional SOCs are prepared with all the necessary information needed to support each argument in the claim.

Our lawyers can help veterans with disabilities related to their service in applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or adapt to a new profession when their disabilities keep them from finding work that is meaningful. 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 that may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their jobs. This includes changes to job duties or workplace modifications.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps disabled chino veterans disability lawsuit find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to employment. This includes reemployment with same employer; fast access to employment; self-employment and employment through long-term care.

An employer can ask applicants for any accommodations in the hiring process, such as extra time to take an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans should consider conducting training sessions for all employees to raise awareness and better understand veteran issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist them get a job, the Department of Labor supports a national job referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can ask about a person's health history and prevents harassment or revenge in response to disability. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, such as hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain ailments that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations in order to perform their duties. This is the case unless the accommodations would create unnecessary hardship for the contractor. This includes modifying the equipment, supplying training and shifting responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. For instance the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical strength, employers must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.