Veterans Disability Law

The law governing veterans disability is a vast area. We will fight to help you get the benefits you have earned.

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

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, warren Veterans disability lawsuit promotions and pay as well as in training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an 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 changes constantly. An experienced lawyer can help you navigate the process, assist you to determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD as to why you are not happy with the decision. You don't have to include all the reasons you disagree with the decision, just those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with a date for hearing. It is crucial to have your attorney present at the hearing together with you. The judge will go through all evidence presented before making a decision. A competent lawyer will make sure that all necessary evidence is presented during your hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was triggered or worsened as a result of their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist Warren Veterans Disability Lawsuit to file claims, get the necessary medical records and other documents, fill out required forms and track the progress of their VA claim on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements regarding a percentage evaluation or disputes regarding the effective date for a rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information to back each argument in a claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to prepare them for civilian jobs or to learn to adapt to a new job in the event that their disabilities hinder 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 with disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to perform their duties. This includes changes to job duties or workplace modifications.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training that assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to employment. These include reemployment with same employer; quick access to employment; self-employment; and work through long-term service.

Employers can inquire whether they require any accommodations in the hiring process, for example, longer time to complete a test or permission to give verbal instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in having 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 service for consultation that provides individual workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To help these veterans, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled springfield veterans disability law firm who are seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. The ADA also limits the information employers can inquire about a person's medical history and prevents harassment and discrimination in response to disability. The ADA defines disability as a condition that limits one or more essential life activities, such as hearing, sight breathing, walking, sitting, standing, learning and working. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete a job, an employer must provide it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, providing training and transferring responsibilities to different positions or locations and acquiring adaptive software or hardware. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mice specifically designed for people with limited physical dexterity.