Veterans Disability Law

Veterans disability law covers a wide range of issues. We 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 you can track the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and also in training, and other employment terms, conditions, and privileges.

Appeal

Many veterans disability claim are denied benefits or have an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be adhered to, and the law changes constantly. An experienced lawyer can help you navigate the process, assist you to determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice of Disagreement. It is crucial to state clearly in your NOD about why you do not agree with the decision. It is not necessary to list every reason that you disagree with, but only those that are pertinent.

You can file your NoD within one year from when you appealed an unfavorable decision. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date for your hearing. It is important to have your attorney present at the hearing together with you. The judge will scrutinize all of your evidence before making a final decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

veterans disability settlement suffering from a debilitating mental or physical condition that was caused or worsened through their military service could be eligible for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans disability lawyers (soharindustriesspc.com) to file an application and obtain the necessary medical records as well as other documentation to complete the necessary forms, and track the progress of the VA.

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements with the percentage evaluation, or disagreements over the effective date of the rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary details are filed in the event that the case is brought to an appeals court.

Our lawyers can also assist veterans disability attorneys with service-connected disabilities to apply for veterans disability Lawyers vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work or to transition to changing careers when their disabilities make it difficult for them 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their job. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a national program for job placement and training that helps disabled veterans disability compensation to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to work. These include reemployment with same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For example the need for more time to complete a test or if it's okay to talk instead of write their answers. But the ADA does not permit an employer to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult finding employment. To assist these veterans, the Department of Labor funds EARN an online resource that provides job referrals and information. Funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and 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 substantially limits one or more important life activities, including hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes some conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require them to complete their job. This is not the case if the accommodation would cause undue hardship to the contractor. This could include modifying equipment, offering training, reassigning the duties to different locations or positions, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical strength, employers must supply furniture with raised or lower surfaces or purchase adapted mouses and keyboards.