What Is Veterans Disability Lawyers? And How To Use It

Veterans Disability Law

Veterans disability law covers a wide variety of issues. We work to help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is properly prepared and track the progress of your claim.

USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay as well as in training, and other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or are given a low rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed, and the law is ever-changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you should submit to support your appeal and assist you create a compelling argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't agree with the decision. It is not necessary to list every reason that you disagree, but only those that are pertinent.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD is submitted, you will be provided with a date for hearing. You must bring your attorney to this hearing. The judge will go over the evidence and make a final decision. A competent attorney will make sure that all evidence is presented at the hearing. Included in this are any service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and is the result of or worsened due to their military service could be eligible for disability benefits. These veterans may receive an amount of money per month depending on the severity of their disability.

Our New York disability lawyers work to ensure that el paso veterans disability lawyer receive all benefits to which they're entitled. We help veterans file a claim, obtain necessary medical records as well as other documents, fill out required forms and track the progress of their VA claim on their behalf.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements over a percentage evaluation or disputes over the effective date of rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed when the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or to adjust to a new career when their disabilities keep them from working in a meaningful way. 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to perform their duties. This includes changes to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. It is a nationwide program for job placement and training that assists veterans with disabilities to jobs and businesses.

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

An employer may ask applicants if they require any special accommodations to participate in the hiring process, for example, extra time to take tests or permission to give verbal instead of written answers. The ADA doesn't allow employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. In addition they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To assist these veterans, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may request regarding a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, including hearing and breathing, Vimeo.com walking, or seeing. Sitting, standing, working, learning and so on. The ADA does not cover certain conditions 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 the case unless the accommodations would create unnecessary hardship for the contractor. This can include changing equipment, providing training, delegating tasks to other positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mice that have been adapted for people who have physical limitations.