Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will work to make sure you receive the benefits that you deserve.

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

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and training, as well as other terms, conditions of employment and veterans disability lawyers rights.

Appeals

Many veterans are denied disability benefits or receive a low rating, which 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 complex, with specific rules and procedures that must be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals process, advise you on what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals procedure starts with a Notice of Disagreement. It is important to make clear in your NOD on the reason you disagree with the unfavorable decision. You don't need to list all the reasons why you are not happy with the decision, but only those that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will be given a date for your hearing. It is important to have your attorney be present with you. The judge will look over your evidence and make a decision. A competent lawyer will make sure that all the required evidence is presented at your hearing. This includes any service records, private medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated through their military service may qualify for disability benefits. veterans disability law firm can receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans disability lawyers get all the benefits to which they have a right to. We help veterans file an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disagreements over the date of rating that is effective. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that any additional SOCs are filled out with all of the required information to support each argument in a claim.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities preclude their ability to find meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their job. This includes modifications to work duties or changes to the workplace.

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 which assists veterans disability law firm with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to a job. This includes reemployment with the same employer; rapid access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For example, if they need more time to take an exam or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for all of their employees 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 individual workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help these veterans, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. It also limits the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, such as hearing and breathing, walking, or seeing. Sitting, standing and working, as well as learning and more. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must provide it, unless it causes undue hardship on the contractor's business. This includes altering equipment, offering training, delegating tasks to other jobs or veterans disability lawyers facilities, as well as buying adaptive hardware or software. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers, electronic visual aids and talking calculators, and Braille devices. If an employee has limited physical dexterity, a company must provide furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.