Veterans Disability Law

The law governing veterans disability law firms disability is a broad field. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is completed and tracked your case through the process.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify the evidence you need to submit with your appeal and help you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD as to why you disagree with the unfavorable decision. You don't have to include all the reasons you do not agree with the decision, but only those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision you are appealing. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with an appointment for hearing. It is essential that your attorney be present along with you. The judge will review all of your evidence before making a decision. A competent lawyer will make sure that all the required evidence is provided during your hearing. Included in this are any service 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 by their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file a claim and obtain the necessary medical records and other documents to complete the necessary forms, and keep track of the progress of the VA.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements with the percentage evaluation, or disagreements regarding the effective date of rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the required details are filed if the case is referred to an appeals court.

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for employment in the civilian sector or to adapt to the new job market if their disabilities make it difficult for them to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans disability lawyers to complete their job. This could include changes to job duties and workplace adjustments.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide training and job placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to work. The five options include reemployment at the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

Employers can inquire if they require any accommodations to participate in the hiring process, such as longer time to complete tests or permission to provide verbal answers instead of written answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and better understand veteran concerns. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To assist these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

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

If a disabled veteran needs an accommodation to perform work, the employer must offer it unless it creates a hardship on the contractor's business. This includes modifying the equipment, supplying training, and transferring responsibility to other positions or locations as well as purchasing adaptive software or hardware. For instance, if an employee is visually impaired or Veterans Disability Lawyers blind the employer has to purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. Employers must offer furniture with raised or lower surfaces or purchase keyboards and mice that have been made for those with restricted physical dexterity.