Veterans Disability Law

Veterans disability law is a broad field. We assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to offer reasonable accommodations for employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay and training, and other employment terms, conditions, and privileges.

Appeal

Many veterans are denied disability benefits or receive a low rating, which should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to and the law is always changing. A skilled lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you prepare a convincing argument.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to describe why you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision, just those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with an appointment for hearing. It is important to have your attorney be present along with you. The judge will look over your evidence and make a final determination. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a crippling physical or mental illness which was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans in filing a claim, obtain necessary medical records and other documentation, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements over the percentage evaluation or disagreements about the date of effective of the rating. Our firm will make sure that the initial Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary information are filed when an appeals court is involved. an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service in applying for vocational rehabilitation services. This program provides education, training and job skills to wake forest veterans disability lawyer to help them prepare for civilian jobs or to learn to adapt to a new job when their disabilities keep them from finding meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their duties. This includes adjustments in job duties or changes to the workplace.

Veterans with disabilities who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps connect disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five routes 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 employment through long-term service.

Employers may ask applicants whether they require any accommodations in the hiring process, such as more time to sit for tests or to give verbal instead of written answers. However, the ADA does not permit an employer to ask about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans may want to consider having training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. They may also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many Winterset Veterans Disability Attorney who have disabilities due to their military experience have difficult to find work. To assist these veterans to find work, the Department of Labor funds EARN, a national resource for job referrals and information. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled needles veterans disability law firm looking for jobs.

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

Employers must provide accommodations to disabled veterans who require them to do their duties. This is true unless the accommodation creates unnecessary hardship for the contractor. This could include modifying the equipment, supplying training, and transferring responsibility to other positions or places as well as purchasing adaptive software or hardware. For instance when an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers must furnish furniture with raised or lower surfaces or buy keyboards and mice specially designed for those with physical limitations.