Veterans Disability Law

Veterans disability law is a vast area. We will work to ensure you receive the benefits you deserve.

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay and training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans are denied disability benefits or are given a low rating that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, guide you determine the right evidence to be submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to provide reasons why you disagree with the decision. You don't need to list all the reasons why you are not happy with the decision, but only the ones that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. It is crucial to have your attorney present at the hearing with you. The judge will review the evidence you have presented before making a decision. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was caused by or worsened due to their military service, may be qualified for Veterans disability Lawyers disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage which indicates the severity of their problem.

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 an application and obtain the medical records they require, 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, such as denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date for an evaluation. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that further SOCs are prepared with all the necessary information needed to support every argument in a claim.

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare Veterans Disability Lawyers for civilian work or to begin the new job market if their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused or Veterans disability lawyers aggravated by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their duties. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a nationwide job-placement and business-training program that assists disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to employment. These include 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 during the selection process. For instance, if they need more time to take the test or if it's okay to talk instead of write their answers. But the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider holding training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. Additionally they can seek out the Job Accommodation Network, a free consultation service that provides individualized 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 obtain employment. To assist these veterans, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and so on. The ADA does not cover certain conditions that are common in veterans disability law firm, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them to do their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This can include altering the equipment, providing training and reassigning responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mice that have been specially designed for those with limited physical strength.