Veterans Disability Law

Veterans disability law is a vast area. We are here to help you get the benefits to which you are entitled.

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

USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions pay, training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits, or receive a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and firm procedures that must be followed and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to make clear in your NOD of the reasons you are not happy with the decision. You don't have to list all the reasons you do not agree with the decision, just those that are relevant.

Your NOD can be filed within a year of the date of the adverse decision you want to appeal. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be assigned a time for your hearing. You must bring your attorney to this hearing. The judge will review all of your evidence before making a decision. A good lawyer will make sure that all the necessary evidence is exhibited during your hearing. This includes any service records, private medical records, and any C&P exams.

Disability Benefits

westwego veterans disability attorney suffering from a physical or mental condition which is disabling and was triggered or worsened due to their military service may be eligible for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score, which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file an application and get the necessary medical records, other documents and fill out the required forms, and track the progress of the VA.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date for a rating. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are prepared with all the necessary information needed to support every argument in a claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides training, education and job skills to oklahoma city veterans disability attorney to help them prepare for civilian employment or adapt to a new profession when their disabilities keep them from obtaining meaningful employment. 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 with disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to do their job. This includes adjustments in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a national program for job placement and business education program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose between five different paths to a job. The five options are reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For instance the need for more time to take the test or if they feel it's okay to speak instead of write their answers. But the ADA does not allow employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about possible discriminatory practices against disabled veterans should think about having training sessions available to all employees to increase awareness and enhance understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To help them with their job search, the Department of Labor supports a national job search and information resource known as EARN. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that hinders one or more important life activities, including hearing, seeing breathing, walking, standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete a job, an employer must accommodate it unless it creates a hardship on the contractor's business. This could include modifying the equipment, providing training and reassigning responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If an employee has limited physical strength, employers should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.