The Step-By -Step Guide To Choosing Your Veterans Disability Lawyers

Veterans Disability Law

The law governing veterans disability is a vast area. We assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be a veteran-friendly one. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist you create a compelling argument.

The VA appeals process begins with a Notice to Disagreement. It is crucial to be clear in your NOD as to why you are dissatisfied with the decision. You don't need to list all the reasons you disagree with the decision, only those that are relevant.

You may file your NOD within one year of the date you appealed against the unfavorable decision. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. You should bring your attorney to the hearing. The judge will look over the evidence and make a decision. A competent attorney will make sure that all evidence is presented at the hearing. This includes all service records, medical records and any C&P exams.

Disability Benefits

veterans disability attorney who suffer from a disabling physical or mental condition that was caused or aggravated through their military service may qualify for disability benefits. They may be eligible for monthly monetary payments based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing an application and get the necessary medical records along with other documents to complete the necessary forms, and monitor the progress of the VA.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements about the percentage of an evaluation or disagreements over the effective date of rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary information are filed when the case is referred to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian employment or adjust to a new career 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 prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their duties. This could include changes in work duties or workplace changes.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that helps veterans with disabilities find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different paths to employment. These include reemployment with same employer; fast access to employment, self-employment and employment through long-term services.

An employer may ask applicants to provide any special accommodations to participate in the hiring process, including extra time to take an exam or the ability to provide oral rather than written answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

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 the issues facing veterans. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to find employment. To help them, the Department of Labor funds EARN an online resource that provides information and job vacancies. It is funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled Veterans Disability law firms seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also limits the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly hinders one or more major life activities, such as hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes some conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This could include modifying the equipment, supplying training and shifting responsibilities to different positions or locations and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and veterans disability law firms talking calculators, Braille devices, and Braille displays. Employers must offer furniture with raised or lower surfaces or purchase keyboards and mice specifically designed for people with physical limitations.