Veterans Disability Law
Veterans disability law is a broad area. We will fight to get you the benefits you are entitled to.
Congress created the VA claim process to be more accommodating for veterans. We ensure that your application is well-prepared and follow your case through the process.
USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated in military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, as well as other terms, conditions of employment, and rights.
Appeals
Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you must submit in your appeal, and help you prepare a convincing argument.
The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to explain the reasons you don’t agree with the decision. You don’t need to list all the reasons why you are not happy with the decision, only the ones that are relevant.
Your NOD can be filed within a year of the date of the unfavorable decision you want to appeal. You may be granted an extension if it is necessary to have additional time to prepare your NOD.
After the NOD is filed, you will receive a date for hearing. Your attorney should be present to this hearing. The judge will review the evidence and make a final decision. A good attorney will ensure that all the proper evidence is presented during your hearing. This includes all service records, private medical records as well as any C&P exams.
Disability Benefits
Veterans suffering from a mental or physical illness that is limiting and is the result of or worsened by their military service may be qualified for disability benefits. These veterans could receive monthly monetary payments according to the severity of their disability.
Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file claims and collect the medical records they require and other documents to complete the necessary forms, and track the VA’s progress.
We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the date of effective rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required information are filed when a case is taken to an appeals court.
Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education, and job skills for veterans to prepare them for civilian employment or adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities may also 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 Gardiner Veterans Disability Lawsuit who have disabilities, which includes those who may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their job. This could include changes in the job description or changes to the workplace.
Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a national program for job placement and training that helps connect disabled veterans to jobs and businesses.
Veterans with disabilities who are leaving from the military can follow one of five routes to gain 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 can inquire for any accommodations to participate in the selection process, like more time to take tests or permission to give oral instead of written answers. But the ADA does not permit employers to inquire about a person’s disability unless it is evident.
Employers that are concerned about possible discrimination against disabled veterans ought to consider having training sessions available to all employees to raise awareness and increase understanding of veteran-related issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.
Reasonable Accommodations
Many veterans who have disabilities due to their service find it difficult to find employment. To help these veterans get a job, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may request about a person’s medical history and prohibits harassment and discrimination because of disability. The ADA defines disability as a condition that significantly restricts one or more of the major life activities such as hearing, sight breathing, walking, sitting, standing and working. The ADA does not cover certain conditions that are common among san jose veterans disability law firm, for example the tinnitus condition and post-traumatic stress disorder (PTSD).
If a disabled veteran requires an accommodation in order to complete the job, the employer must offer it unless it would impose undue hardship on the contractor’s business. This can include changing equipment, offering training, delegating tasks to other positions or facilities, and purchasing adaptive software or hardware. For example the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. Employers should provide furniture with higher or lower surfaces or buy keyboards and mouse that are specially designed for those with restricted physical dexterity.