Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to ensure you receive the benefits you are entitled to.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay and training, and other employment terms, conditions, and privileges.

Appeals

Many Oberlin veterans disability lawyer are denied disability benefits or receive a low rating that isn't adequate. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be adhered to and the law is always changing. A knowledgeable lawyer can guide you through the process, assist you to determine what evidence should be included in your appeal, and help you build a strong argument for your case.

The VA appeals procedure starts with a Notice of Disagreement. It is crucial to be clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list all the reasons why you are not happy with the decision, only those that are relevant.

Your NOD can be filed within one year from the date of the unfavorable decision you're appealing. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD is filed after which you will be assigned a date and time for your hearing. It is essential that your attorney attend this hearing with you. The judge will look over the evidence and make a final determination. A good attorney will make sure that all the evidence needed is presented at the hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and is the result of or aggravated by their military service may be qualified for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file an application and obtain the medical records they require along with other documents, fill out required forms, and track the progress of the VA.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date of a rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed if a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to begin an entirely new career if their disabilities make it difficult for them to pursue 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their duties. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be an option for disabled duvall veterans disability lawyer who are interested in a job. This is a national job-placement and business-training program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to employment. The five options are reemployment at the same employer, quick access to employment, self-employment, and employment through long-term military service.

An employer can ask applicants if they require any special accommodations to participate in the selection process, like extra time to take tests or permission to give verbal instead of written answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may think about holding training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. In addition, they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to get a job. To help them get a job, the Department of Labor supports a national job search and information resource called EARN. 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 jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information that employers can ask about a person's health history and prevents harassment or reprisals based on disability. The ADA defines disability as a condition that significantly restricts one or more essential life activities, such as hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to complete their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes modifying the equipment, supplying training and reassigning responsibilities to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices and Braille displays. If an employee has limited physical strength, employers must supply furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.