Veterans Disability Law

The law governing Veterans disability lawyers disability is a broad field. We will do our best to ensure you receive the benefits you have earned.

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and we track the progress of your claim.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities incurred during military service or that are aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay and training, and other terms, conditions of employment, and privileges.

Appeals

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

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is crucial to state why you disagree with the decision. It is not necessary to list all the reasons why you are not happy with the decision, just the ones that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable decision. If you need more time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be notified of a date for hearing. It is essential that your attorney attend the hearing together with you. The judge will scrutinize all evidence presented before making a final decision. A competent lawyer will ensure that all necessary evidence is provided during your hearing. This includes any service records, medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental condition which was caused or aggravated by their military service may qualify for disability benefits. Veterans may receive an amount of money per month based on the severity of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We help veterans to file claims and collect the required medical records, other documents as well as fill out the required forms, and track the progress of the VA.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the date at which a rating is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are prepared with all the necessary details to support each argument in a claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers education, veterans disability lawyers training, and job skills for veterans disability lawyers to prepare them for civilian work or adapt to a new profession when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their job. This includes adjustments to work duties or workplace adjustments.

Veterans with disabilities who are interested in a job may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they require any accommodations in the selection process. For example that they require longer time to complete the test or if they feel it is okay to speak instead of writing their answers. The ADA doesn't allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and improve understanding of veteran issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to get a job. To help these veterans, the Department of Labor supports a national job search and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone and 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. The ADA also restricts the information employers may request about a person's medical history and prevents harassment and retaliation based on disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily life, such as hearing and breathing, walking, and seeing. Standing, sitting, working, learning and so on. The ADA excludes certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform work, the employer must accommodate it unless it creates a hardship on the contractor's business. This includes modifying equipment, providing training, shifting duties to other jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, veterans disability lawyers the employer must purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical dexterity, an employer should provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.