Are Veterans Disability Lawyers The Same As Everyone Says?

Veterans Disability Law

The law governing veterans disability is a vast area. We will fight to ensure you receive the benefits you deserve.

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

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay and training, as well as other terms, conditions of employment and rights.

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit to support your appeal and assist you create a compelling argument.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it is important to describe the reasons you don’t agree with the decision. You do not have to list every reason why you disagree, but only those that are relevant.

You can file your NOD within one year of the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been filed after which you will be given a date for your hearing. You should bring your attorney to the hearing. The judge will look over all evidence presented before making a final decision. A competent attorney will make sure that all evidence is presented during your hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated through their military service could qualify for disability benefits. These veterans may receive a monthly monetary payment based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans with filing a claim, obtain necessary medical records and other documentation, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We can also help with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disputes over the date of effective rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that additional SOCs are filled out with all of the required details to support each argument in the claim.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to transition to a new career when their disabilities make it difficult for them to find meaningful work. 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 have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities do their duties. This could include changes in job duties or workplace adjustments.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor’s Ticket to Work program. This is a national job placement and training program that assists disabled veterans to jobs and businesses.

kent veterans disability lawsuit with disabilities who are separating from the military can choose one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; fast access to employment; self-employment and the possibility of employment through long-term services.

An employer can ask applicants if they require any special accommodations to participate in the selection process, like longer time to complete tests or permission to give verbal instead of written answers. But the ADA does not permit employers to inquire about a person’s disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. Additionally they can contact the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to find work. To help these veterans with their job search, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. The ADA also limits the information employers are able to inquire about a person’s medical history and prevents harassment and revenge based on disability. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, such as hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning and more. The ADA excludes certain conditions that are common in Lafayette veterans Disability lawsuit, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete work, an employer must provide it unless it causes undue hardship on the contractor’s business. This could include modifying the equipment, supplying training and reassigning responsibilities to different locations or positions 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, such as electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must offer furniture with raised or lower surfaces, or purchase keyboards and mice made for those with physical limitations.