What Is Veterans Disability Lawyers And Why Is Everyone Speakin' About…

Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will work to help you get the benefits you are entitled to.

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

USERRA requires employers to offer reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied disability benefits or receive a low rating that should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to, and the law is constantly changing. An experienced lawyer can help you navigate the process, assist you to determine what evidence you should included in your appeal, and develop a convincing argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons the reasons you don't agree with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

You may file your NOD within one year of the date that you appealed the unfavorable ruling. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD is filed, you will be notified of an appointment date. You must bring your attorney to the hearing. The judge will examine your evidence and make a final determination. An experienced attorney will ensure that all the proper evidence is presented at your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and is the result of or aggravated by their military service could be eligible for disability benefits. Veterans may receive an annual monetary payment depending on the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records and other documentation, fill out required forms and track the progress of the VA on their behalf.

We can also assist with appeals of VA decision, including denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date for an evaluation. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that the case is referred to an appeals court.

Our lawyers can assist colona veterans disability attorney suffering from disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to help veterans prepare for civilian employment, or to adjust to a new albany veterans disability law firm career when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This could include changes to job duties or modifications to work environments.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job-training and 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 gain employment. This includes reemployment with the same employer; rapid access to employment; self-employment; and the possibility of employment through long-term services.

An employer can ask applicants if they require any modifications to participate in the selection process, like more time to sit for a test or permission to give oral instead of written answers. But the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans may be interested in organizing training sessions for all of their staff in order to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find employment. To assist these veterans with their job search, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. It also restricts the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more important life activities, including hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled veterans who need them to complete their job. This is true unless the accommodations would create unnecessary hardship for the contractor. This includes altering equipment, offering training, reassigning the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. For example when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with limited physical dexterity.