Veterans Disability Law

Veterans disability law covers a wide range of issues. We will fight to help you get the benefits you have earned.

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

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

Appeals

Many veterans are denied disability benefits or receive a low rating that isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to, and the law is constantly changing. A skilled lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it's important to describe why you disagree with the decision. It is not necessary to list all the reasons you disagree with the decision, but only those that are relevant.

The NoD is filed within one year from the date of the adverse decision that you are appealing. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD is filed and you have been assigned a date and time for your hearing. Your attorney should be present to this hearing. The judge will scrutinize the evidence you have presented before making a final decision. A competent attorney will make sure that all of the required evidence is presented at the hearing. This includes all service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder which was caused or aggravated through their military service may be eligible for disability benefits. Veterans may receive monthly monetary payments 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 have a right to. We assist veterans in filing a claim, obtain necessary medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disagreements over the date at which a rating is effective. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary details are filed if a case is taken to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian work or be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their duties. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a national job-training and placement program that helps connect disabled veterans to jobs and businesses.

ozark veterans disability lawsuit with disabilities who are leaving from the military can follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

Employers can inquire to provide any modifications to participate in the hiring process, for example, more time to take tests or to provide verbal answers instead of written answers. The ADA does not permit employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans may think about holding training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free consultations and vimeo technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to get a job. To assist these veterans, the Department of Labor funds EARN an online resource that provides job referrals and information. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more important life activities, including hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who need them in order to perform their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This includes altering the equipment, supplying training, and transferring responsibility to other positions or places and acquiring adaptive software or hardware. For instance when an employee is visually impaired or blind the employer has to purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, and Braille devices. If a person has limited physical strength, the employer should provide furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.