Veterans Disability Law

Veterans disability law is a broad field. We will do our best to get you the benefits you have earned.

Congress created the VA claim process to be more accommodating for veterans. We make sure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay, as well as training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied benefits or have low disability ratings when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can help you navigate the process, help you determine the right evidence to be included in your appeal and help you build a strong argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you do not agree with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given a date for your hearing. You should bring your attorney to the hearing. The judge will look over the evidence you have presented before making a decision. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

lansdowne veterans disability law firm who suffer from a disabling physical or mental illness that was aggravated or caused by their military service might be eligible for disability benefits. Veterans can receive a monthly monetary payment depending on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We help veterans file claims, get the necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also help with appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage of an evaluation or disputes over the date of effective rating. If a case is sent to an appeals hearing, luling veterans disability Law firm our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filled out with all of the required information to back each argument in a claim.

Our lawyers can help veterans with disabilities related to their service in applying for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian jobs or to adjust to a new career when their disabilities keep them from finding meaningful work. Veterans with disabilities could 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 veterans with disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nation-wide training and job placement program that assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to a job. The five options include reemployment with the same employer, quick access to employment, self-employment, and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example if they require more time to take the test or if it's acceptable to speak instead of writing their answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless it is apparent.

Employers that are concerned about discrimination against disabled veterans must consider organizing training sessions for all employees to raise awareness and increase understanding of Luling veterans Disability law firm' issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find employment. To help them to find work, the Department of Labor funds EARN, a national resource for information and job vacancies. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also restricts the information employers may request about a person's medical history and prevents harassment or discrimination based on disability. The ADA defines disability as the condition that significantly restricts one or more major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting at a desk, working, studying and so on. The ADA does not cover certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require them in order to perform their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, providing training and reassigning responsibilities to different positions or locations and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. Employers should provide furniture with higher or lower surfaces or purchase keyboards and mice that are adapted for people who have limited physical strength.