Veterans Disability Law
Veterans disability law is a vast area. We will assist you in obtaining 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 properly prepared and we track your case through the process.
USERRA obliges employers to offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by 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.
Appeals
Many
waxahachie veterans disability attorney are denied benefits or have a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is always changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit with your appeal and help to build a strong case.
The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to provide reasons why you disagree with the decision. You don't have to list all the reasons you do not agree with the decision. Just the ones that are relevant.
The NOD can be filed within a year of the date of the adverse decision you are appealing. If you require additional time to prepare your NOD, an extension may be granted.
Once the NOD has been filed, you will be assigned a time for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will look over the evidence and make a final determination. A competent attorney will make sure that all the evidence needed is presented at the hearing. This includes all service records, medical records, and any C&P exams.
Disability Benefits
Veterans suffering from a chronic physical or mental disorder that was caused or aggravated by their military service may qualify for disability benefits. They can receive a monthly monetary payment based on their disability rating, which is a percentage that indicates the severity of their condition.
Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans in filing a claim and obtain the medical records they require along with other documents to complete the necessary forms, and keep track of the progress of the VA.
We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that further SOCs are filled out with all of the required information needed to support each argument in a claim.
Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education,
Vimeo training and job-related skills that prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities prevent them from being able to find work that is meaningful.
mount carmel veterans disability attorney with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for veterans with disabilities to perform their job. This includes changes to job duties or workplace modifications.
Veterans with disabilities who are seeking employment may wish 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.
Veterans with disabilities who are leaving from the military can choose one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; fast access to employment, self-employment and employment through long-term care.
Employers may ask applicants whether they require any special accommodations to participate in the hiring process, for example, extra time to take tests or permission to give oral instead of written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.
Employers that are concerned about possible discriminatory practices against disabled veterans should consider having training sessions available to all employees to increase awareness and increase understanding of veteran-related issues. In addition, 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 who have disabilities caused by service have difficulty to obtain employment. To assist these veterans, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking jobs.
The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, or seeing. Sitting, standing or working, learning and learning, etc. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).
Employers must make accommodations for disabled veterans who require them in order to perform their job. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes altering equipment, offering training, shifting duties to other positions or facilities, and buying adaptive hardware or software. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. Employers must furnish furniture with raised or lower surfaces, or purchase keyboards and mice that have been specially designed for those with limited physical strength.
