Veterans Disability Law

Veterans disability law covers a range of issues. We will help you get you the benefits you deserve.

The VA claim process was designed to be easy to use by Congress. We make sure your application is properly prepared and we track your case through the process.

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

Appeal

Many paducah veterans disability law firm are denied disability benefits or receive a low rating that should be higher. A veteran benefits lawyer can assist 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. A knowledgeable lawyer can help you navigate the process, assist you to determine the right evidence to be submitted with your appeal, attorneys and create a compelling case for your case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you are not happy with the decision. You do not have to list every reason you disagree, but only those that are pertinent.

The NOD must be filed within one year from the date of the adverse decision you are appealing. If you need more time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed and you have been assigned a time for your hearing. Your attorney should be present to the hearing. The judge will scrutinize your evidence prior to making a decision. A good lawyer will ensure that all the required evidence is exhibited during your hearing. Included in this are any medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was triggered or worsened by their military service could be qualified for disability benefits. They may be eligible for an annual monetary payment based on the degree 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 help veterans to file an application and get the necessary medical records as well as other documentation, fill out required forms, and track the progress of the VA.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes about the date of effective of an evaluation. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed if the case is brought to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to transition to the new job market if their disabilities preclude their ability to find work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a nationwide training and job placement program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to gain employment. The five options include reemployment at the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

An employer can ask applicants whether they require any accommodations in the hiring process, for example, more time to sit for a test or permission to provide verbal answers instead of written answers. However, the ADA does not permit an employer to ask about a person's disability status in the absence of evidence.

Employers that are concerned about discrimination against disabled veterans must consider organizing training sessions for all employees to raise awareness and improve understanding of veteran concerns. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To assist these veterans, the Department of Labor funds EARN which is a national source for information and job vacancies. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers can inquire about a person's medical history and prevents harassment or reprisals because of disability. The ADA defines disability as a condition that restricts one or more major life activities including hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA excludes some conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require them to do their job. This is true unless the accommodation would cause undue hardship for the contractor. This can include altering the equipment, providing training and shifting responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. For instance the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and equipment for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that are adapted for people who have physical limitations.