Veterans Disability Law
Veterans disability law is a broad area. We will work to get you the benefits you have earned.
Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is correctly prepared and monitor the progress of your case.
USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions pay, training, and other conditions, terms and benefits of employment.
Appeal
Many veterans are denied disability benefits or receive a low rating, which ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you determine what evidence should be included in your appeal, and help you build a strong argument for your case.
The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to explain your reasons for disagreeing with the decision. You do not have to list every reason you disagree, but only those that are pertinent.
The NOD must be filed within one year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, an extension can be granted.
Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney attend this hearing along with you. The judge will scrutinize all evidence presented before making a final decision. A good lawyer will ensure that all the required evidence is presented at your hearing. This includes all service records, medical records and any C&P tests.
Disability Benefits
Veterans who suffer from a chronic physical or mental illness that was aggravated or caused through their military service may be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their illness.
Our New York disability lawyers work to ensure that veterans receive the full benefits to which they’re entitled. We assist veterans in filing claims, get the necessary medical records as well as other documents, fill out required forms and track the VA’s progress on their behalf.
We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disagreements over the date of effective rating. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are prepared with all the necessary details to support each argument in the claim.
Our lawyers can help veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian work or to transition to changing careers when their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Accommodation for Employers
The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their duties. This includes changes in job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a nationwide program for job placement and training that helps stockton Veterans disability lawsuit with disabilities to jobs and businesses.
Veterans with disabilities who are separated from the military could follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer, rapid access to employment; self-employment and employment through long-term care.
An employer may ask applicants for any special accommodations to participate in the selection process, like 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 in the absence of evidence.
Employers who are concerned about discrimination against disabled laurens veterans disability lawyer ought to consider organizing training sessions for all employees to increase awareness and better understand veteran concerns. Additionally, they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical support on the ADA and other laws relating to disability.
Reasonable Accommodations
Many madison veterans disability law firm with disabilities related to their service find it difficult to find work. To help these veterans, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking work.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also limits the information that employers can ask about a person’s health history and prevents harassment or reprisals based on disability. The ADA defines disability as a condition which significantly limits one or more major life activities, like hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).
Employers must offer accommodations to disabled veterans who require accommodations to do their duties. This is true unless the accommodation would cause undue hardship to the contractor. This could include modifying the equipment, offering training, and transferring responsibility to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer must supply furniture that has raised or lowered surfaces or purchase specially designed keyboards and mice.