Veterans Disability Law

Veterans disability law covers a wide variety of issues. We work to help you get the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is completed and tracked your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed and the law is constantly changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you should submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement. It is crucial to be clear in your NOD as to why you do not agree with the decision. You do not have to list every reason why you disagree, but only those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision you are appealing. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with an appointment date. It is essential that your attorney attend the hearing with you. The judge will look over all evidence presented before making a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. This includes any service records, medical records, and any C&P examinations.

Disability Benefits

west milton veterans disability attorney who suffer from a chronic physical or mental illness which was caused or aggravated through their military service may qualify for disability benefits. Veterans may receive monthly monetary payments dependent on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans to file an application and obtain the medical records they require along with other documents to complete the necessary forms, and keep track of the progress of the VA.

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

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian work or adjust to a new career in the event that their disabilities hinder them from working in a meaningful way. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their job. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a national program for job placement and business education program that assists disabled veterans find jobs and businesses.

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

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example if they require more time to finish a test or if it's acceptable to speak instead of writing their answers. But the ADA does not permit an employer to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire employees to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help these Clay Veterans Disability lawsuit, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may request regarding a person's medical history and prohibits harassment and reprisals in response to disability. The ADA defines disability as a condition which significantly limits one or more important life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, such as tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to complete their duties. This is true unless the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, providing training, shifting the duties to different jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mice that have been adapted for people who have limited physical strength.