Veterans Disability Law

Veterans disability law covers a variety of issues. We will do our best to get you the benefits you have earned.

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

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed and the law changes constantly. An experienced lawyer can guide you through the process, guide you determine what evidence should be included in your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it's crucial to state your reasons for disagreeing with the decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and the NOD is filed, you will be given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will review all of your evidence before making a decision. An experienced attorney will ensure that all the evidence needed is presented at your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

veterans disability attorney who suffer from a crippling mental or physical condition which was caused or aggravated by their military service might qualify for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans to file a claim and obtain the required medical records along with other documents as well as fill out the required forms, and keep track of the VA’s progress.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date of the rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, Veterans disability lawyers and that additional SOCs are filed with all the required details to support every argument in an appeal.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to adapt to changing careers when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans Disability lawyers 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 against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This could include changes in job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a nationwide employment and business training program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans disability lawyer with disabilities to choose between five different paths to a job. The five options are reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance if they require more time to complete a test or if it's acceptable to speak instead of writing their answers. However, the ADA does not allow employers to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might be interested in holding training sessions for all of their staff in order to increase awareness and understanding of the issues facing veterans. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find employment. To assist them, the Department of Labor supports a national job referral and information resource known as EARN. It is funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information 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 major life activities like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them to do their duties. This is the case unless the accommodation would cause undue hardship for the contractor. This can include changing equipment, providing training, delegating the duties to different positions or facilities, and buying adaptive hardware or software. For example, if an employee is blind or visually impaired, 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 higher or lower surfaces or purchase keyboards and mice that are specially designed for those with physical limitations.