Veterans Disability Law
The law governing veterans disability is a broad area. We assist you in obtaining the benefits to which you are entitled.
Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.
USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay, as well as training, as well as other employment terms, conditions and privileges.
Appeal
Many veterans are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence you should submitted with your appeal, and develop a convincing argument for your case.
The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, you are important to provide reasons the reasons you don’t agree with the decision. You do not have to list every reason that you disagree with, but only those that are pertinent.
You can file your NoD within one year of the date you appealed against the unfavorable ruling. If you require additional time to prepare your NOD, an extension could be granted.
After the NOD has been filed, you will be given a date for hearing. It is essential that your attorney attend the hearing along with you. The judge will review your evidence and make a final determination. A good lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are any medical records, service records, private health records and C&P examinations.
Disability Benefits
Veterans who suffer from a disabling physical or mental condition that was caused or aggravated through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation according to their disability rating which is a percentage that shows the severity of their condition.
Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans with filing claims, obtain required medical records as well as other documents, fill out necessary forms and monitor the VA’s progress on their behalf.
We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disagreements over the date of rating that is effective. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the required details are filed if the case is referred to an appeals court.
Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian work or be able to adjust to a different profession in the event that their disabilities hinder them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.
Accommodations for Employers
The Americans with Disabilities Act prohibits discrimination towards mooresville veterans disability Lawyer who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their job. This includes changes in job duties or workplace modifications.
Disabled veterans who are interested in a job may want to inquire with the Department of Labor’s Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find employment and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose between five different paths to employment. The five options are reemployment at the same employer, speedy access to employment, self-employment, and employment through long-term military service.
Employers can inquire about applicants’ disabilities and whether they require any accommodations during the selection process. For instance if they require more time to complete the test or if they feel it’s okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about a person’s disability unless it is evident.
Employers that are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to increase awareness and improve understanding of veteran concerns. In addition they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.
Reasonable Accommodations
Many cibolo veterans disability attorney who have disabilities related to service struggle to find employment. To assist these veterans to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans seeking jobs.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more important life activities, such as hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA does not cover certain conditions that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).
If a disabled veteran requires accommodations to complete work, the employer must offer it unless it would impose undue hardship on the contractor’s business. This includes modifying the equipment, supplying training, and transferring responsibility to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer must provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.