Veterans Disability Lawyers Tools To Ease Your Daily Life Veterans Disability Lawyers Trick Every Person Should Be Able To

Veterans Disability Law

The law governing veterans disability is a broad area. We will help you make sure you receive the benefits that you are entitled to.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is well-prepared and you can track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay and also in training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). It is essential to be clear in your NOD on the reason you disagree with the unfavorable decision. It is not necessary to list every reason why you disagree, but only those that are pertinent.

Your NOD can be submitted within one year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with a date for hearing. You should bring your attorney to the hearing. The judge will look over all of your evidence before making a decision. A good lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans Disability Lawyers who suffer from a chronic mental or physical condition that was aggravated or caused through their military service may be eligible for disability benefits. They can receive monthly monetary compensation depending on their disability rating which is a percentage that demonstrates 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 to file an application and get the required medical records and other documents and fill out the required forms, and keep track of the progress of the VA.

We can also help with appeals of any VA decisions. This includes denials of VA benefits, disagreements about the evaluation of a percentage, or disputes about the date at which a rating is effective. Our firm will make sure that the initial Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying 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 changing careers when their disabilities preclude their ability to pursue meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their duties. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and training program that helps connect disabled veterans disability lawyer to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment and employment through long-term services.

Employers may ask applicants if they require any accommodations in the hiring process. For instance, if they need longer time to complete a test or if it is okay to speak instead of write their answers. But the ADA does not permit an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their employees to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To help them to find work, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also limits the information employers may request about a person's medical history and prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that significantly restricts one or more major life activities, including hearing, seeing breathing, walking, sitting, standing, learning, and working. The ADA excludes some conditions that are common among veterans disability lawsuits, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do work, an employer must provide it unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, shifting duties to other jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces or buy keyboards and mouse that are specially designed for those with limited physical strength.