Veterans Disability Law

Veterans disability law covers a wide range of issues. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be followed and the law is always changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence you should included in your appeal, and create a compelling case for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to be clear in your NOD of the reasons you are dissatisfied with the decision. You don't have to list every reason you disagree, but only those that are relevant.

The NOD can be filed within one year from the date of the adverse decision you're appealing. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been filed and the NOD is filed, you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will look over the evidence and make a final determination. A good attorney will ensure that all evidence is presented at your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was caused by or worsened by their military service, could be qualified for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records as well as other documents, fill out required forms and track the progress of their VA claim on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes over the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary details are filed if a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment, or to adjust to the new job market if their disabilities prevent them from being able to find work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against Buckeye veterans disability Law Firm who have disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their job. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a national training and job placement program that assists marshall veterans disability law firm with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, [Redirect-301] quick access to employment, self-employment and employment through long-term service.

Employers may ask applicants for any modifications to participate in the hiring process, such as more time to sit for an exam or the ability to give oral instead of written answers. However, the ADA does not allow an employer to ask about a person's disability status unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in conducting training sessions for their entire staff to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find employment. To help them with their job search, 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 It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical background and also prohibits harassment and reprisals due to disability. The ADA defines disability as a condition which significantly restricts one or more major life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is the case unless the accommodation would cause undue hardship to the contractor. This could include modifying 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, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must offer furniture with elevated or lower surfaces or purchase keyboards and mice specifically designed for people with restricted physical dexterity.