Veterans Disability Law

adel veterans disability law firm disability law covers a wide range of issues. We are here to help you get the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied benefits, or durham veterans Disability law firm receive an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help you determine the right evidence to be included in your appeal and build a strong case for your claim.

The VA appeals process begins with a Notification of Disagreement. It is essential to make clear in your NOD of the reasons you disagree with the unfavorable decision. You don't have to list every reason you don't agree with the decision, just those that are relevant.

The NOD can be submitted within one year of the date of the unfavorable decision you are appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be assigned a time for your hearing. It is essential that your attorney attend this hearing together with you. The judge will go over your evidence and make a decision. A competent lawyer will ensure that all the necessary evidence is provided during your hearing. Included in this are any service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. Veterans may receive an annual monetary payment dependent on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing an application and obtain the required medical records along with other documents, fill out required forms, and keep track of the VA’s progress.

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

Our lawyers can assist veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program provides training, education and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities prevent 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 who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for Durham veterans disability law firm (vimeo.com) with disabilities to perform their job. This includes changes to the work environment or job duties.

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

Veterans with disabilities who are separating from the military can choose one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; rapid access to employment; self-employment and work through long-term service.

Employers may ask applicants whether they require any modifications to participate in the hiring process, including more time to take an exam or the ability to give oral instead of written answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. In addition they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To help these veterans with their job search, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for jobs.

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

Employers must offer accommodations to disabled veterans who need them to complete their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes altering equipment, offering training, shifting the duties to different locations or positions, and acquiring 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. Employers must provide furniture with raised or lower surfaces or purchase keyboards and mice that are adapted for people who have physical limitations.