Veterans Disability Law

edenton veterans disability law firm disability law is a broad field. We will work to ensure you receive the benefits you deserve.

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

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in the hiring process, promotions and pay, as well as training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits or get 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 very complex, with specific rules and procedures that must be adhered to and the law is always changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you must submit in your appeal, and help you create a compelling argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you are dissatisfied with the decision. You don't have to list all the reasons you disagree with the decision, but only the ones that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable decision. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be given a date for your hearing. You should bring your attorney to this hearing. The judge will examine the evidence and make a final decision. A good attorney will ensure that all the proper evidence is presented at your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was triggered or worsened as a result of their military service could be qualified for disability benefits. These veterans could receive a monthly monetary payment based 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 help veterans to file an application and obtain the necessary medical records along with other documents and fill out the required forms, and keep track of the progress of the VA.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation, or disputes about the effective date of rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant details are filed in the event that 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 essions for all employees to raise awareness and increase understanding of veterans' issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help them to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, such as hearing, sight breathing, walking standing, sitting, learning, and working. The ADA does not cover certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to do their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This could include modifying equipment, offering training, delegating duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mouse that are specially designed for those with restricted physical dexterity.