Veterans Disability Law
Veterans disability law is a broad field. We work to help you get the benefits to which you are entitled.
The VA claim process was developed to be easy to use by Congress. We make sure your application is well-prepared and follow your case through the process.
USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions pay, training, and other conditions, terms and privileges of employment.
Appeals
Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits lawyer 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 changes constantly. A knowledgeable lawyer will guide you through the appeals process, advise you on the type of evidence you need to present to support your appeal and assist to build a strong case.
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 don't agree with the decision. Just those that are relevant.
The NoD is filed within one year of the date of the unfavorable decision that you are appealing. If you require longer time to prepare your NOD, an extension can be granted.
Once the NOD has been filed and you have been assigned a date for your hearing. It is important to have your attorney attend this hearing along with you. The judge will review your evidence and make a decision. A good lawyer will ensure that all the necessary evidence is presented during your hearing. Included in this are medical records, service medical records, private health records and C&P exams.
Disability Benefits
Veterans suffering from a physical or mental illness that is limiting and is the result of or aggravated by their military service, could be qualified for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating, which is a percentage which indicates the severity of their problem.
Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans in filing a claim and obtain the medical records they require and other documents to complete the necessary forms, and track the VA’s progress.
We also can assist with appeals to any VA decisions, such as denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of the rating. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information to support each argument in a claim.
Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to prepare them for civilian employment or be able to adjust to a different profession in the event that their disabilities hinder them from finding 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.
Accommodations for Employers
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their job. This could include changes in the work environment or job duties.
Ticket to Work, a program of the Department of Labor, may be for disabled
newton veterans disability lawyer interested in finding work. It is a nationwide training and job placement program which assists disabled veterans to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to employment. This includes reemployment with same employer; fast access to employment; self-employment; and the possibility of employment through long-term services.
Employers can ask applicants whether they require any modifications for the hiring process. For example, if they need more time to complete the test or if they feel it's okay to talk instead of writing their answers. But the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.
Employers that are concerned about discriminatory practices against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran concerns. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.
Reasonable Accommodations
Many
Madison veterans disability lawsuit with disabilities caused by service have difficulty to obtain employment. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. The program is supported by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans who are seeking jobs.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also restricts the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as the condition that significantly restricts one or more essential activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing, working, learning and more. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).
Employers must provide accommodations to disabled veterans who need them to do their job. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, offering training, and transferring responsibility to different locations or positions, as well as acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces or buy keyboards and mice specifically designed for people with restricted physical dexterity.