Veterans Disability Law

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

Congress created the VA claim process to be a veteran-friendly one. We ensure that your application is well-prepared and we track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive a low rating that isn't adequate. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, assist you to determine what evidence you should submitted with your appeal, and build a strong case for your claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't have to include all the reasons you disagree with the decision, but only those that are relevant.

You can file your NoD within one year of the date you appealed the unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. It is important to have your attorney present at the hearing along with you. The judge will go through the evidence you have presented before making a decision. A good lawyer will ensure that all the required evidence is provided during your hearing. This includes all service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and is the result of or aggravated by their military service, may be eligible for disability benefits. They may be eligible for monthly monetary payments based on the degree of their disability.

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 claims and westfield veterans Disability lawyer collect the medical records they require, other documents, fill out required forms, and keep track of the progress of the VA.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disagreements over the date of rating that is effective. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are prepared with all the necessary information needed to support every argument in the claim.

Our lawyers can also help Arvin Veterans Disability Law Firm with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian work or adjust to a new career when their disabilities keep them from finding meaningful work. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help calexico veterans disability lawyer with disabilities do their job. This includes changes in job duties or workplace modifications.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; fast access to employment, self-employment and work through long-term service.

Employers can inquire whether they require any accommodations to participate in the selection process, like longer time to complete a test or permission to provide oral rather than written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to raise awareness and increase understanding of veterans' issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult finding employment. To help these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. It is funded 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 work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information employers may request regarding a person's medical history and prevents harassment or revenge because of disability. The ADA defines disability in terms of a condition that significantly limits one or more major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing, working, learning and so on. The ADA excludes certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them to do their duties. This is the case unless the accommodation creates unnecessary hardship to the contractor. This could include modifying the equipment, offering training, and transferring responsibility to other positions or places as well as purchasing adaptive hardware or software. For instance the case of an employee who is blind or visually impaired the employer must purchase adaptive software and equipment for computers 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 strength.