Veterans Disability Law
Veterans disability law covers a wide range of issues. 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 that your application is well-prepared and we track the progress of your claim.
USERRA requires employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well as training, and other conditions,
Vimeo terms and privileges of employment.
Appeals
Many veterans are denied disability benefits or are given a low rating, which should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be adhered to, and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit in your appeal, and help you build a strong claim.
The VA appeals process begins with a Notification of Disagreement. In your NOD, it is important to describe why you are not happy with the decision. You do not have to list every reason you disagree, but only those that are relevant.
You can file your NoD within one year from the date you appealed the unfavorable ruling. You could be granted an extension if you need additional time to prepare your NOD.
Once the NOD has been filed, you will be notified of an appointment date. Your attorney should be present to this hearing. The judge will go through the evidence you have presented before making a decision. A good attorney will make sure that all of the required evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P tests.
Disability Benefits
Veterans suffering from a crippling mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage which indicates the severity of their condition.
Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans to file an application and get the required medical records, other documents as well as fill out the required forms, and monitor the VA’s progress.
We can also assist with appeals to any VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date of the rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs with all the necessary details are filed in the event that the case is referred to an appeals court.
Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to begin the new job market if their disabilities preclude their ability 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.
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 make reasonable accommodations for veterans with disabilities perform their duties. This includes changes to the job description or changes to the workplace.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in finding work. This is a national job-placement and business-training program that helps disabled veterans find jobs and businesses.
Veterans with disabilities who have been removed from the military can follow one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment; self-employment and employment through long-term services.
An employer may ask applicants if they require any accommodations to participate in the hiring process, for example, longer time to complete tests or to provide oral rather than written answers. But the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.
Employers that are concerned about possible discriminatory practices against disabled veterans should think about conducting training sessions for all employees to increase awareness and increase understanding of
bellmawr veterans disability attorney' issues. Additionally, they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.
Reasonable Accommodations
Many veterans who have disabilities caused by service have difficulty to find work. To assist these veterans with their job search, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.
The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information employers may ask about a person's health history and prohibits harassment and discrimination in response to disability. The ADA defines disability as an illness that severely limits one or more major activities of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA does not cover certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).
If a disabled veteran requires accommodations to complete a job, an employer must provide it, unless it creates a hardship on the contractor's business. This can include altering the equipment, offering training, and transferring responsibility to other positions or locations as well as purchasing adaptive software or hardware. For example the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers must offer furniture with raised or lower surfaces or purchase keyboards and mouse that are made for those with restricted physical dexterity.