Veterans Disability Law

The law governing veterans disability is a broad area. We will fight to ensure you receive the benefits you are entitled to.

Congress designed the VA claim process to be more accommodating for veterans. We ensure that your application is properly prepared and we track your case through the process.

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

Appeals

Many veterans are denied disability benefits or are given a low rating that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be adhered to, and the law is always changing. A knowledgeable lawyer can help you navigate the process, guide you identify what evidence should be submitted with your appeal, and help you build a strong argument for your case.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to describe your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision, but only the ones that are relevant.

You can file your NoD within one year from when you appealed an unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been filed and you have been assigned a date and time for your hearing. You must bring your attorney to the hearing. The judge will go through all of your evidence before making a final decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes all service records, medical records, and any C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was triggered or worsened due to their military service could be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating, which is a percentage that indicates the severity of their condition.

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 with filing claims, get the necessary medical records and other documents, fill out necessary forms and Vimeo keep track of the progress of the VA on their behalf.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if an appeals court is involved. an appeals court.

Our lawyers can also assist normal veterans disability lawsuit with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector or to transition to a new career when their disabilities hinder their ability to pursue meaningful employment. 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, which includes those caused or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their duties. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a national job placement and business training program that helps disabled veterans find employment and companies.

Veterans with disabilities who are leaving from the military can follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment; self-employment; and the possibility of employment through long-term services.

Employers can ask applicants whether they require any modifications for the hiring process. For example if they require longer time to complete the test or if they feel it's okay to speak instead of write their answers. The ADA doesn't allow employers to inquire about a disability unless it's obvious.

Employers who are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to raise awareness and improve understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request regarding a person's medical history and Vimeo prevents harassment or discrimination because of disability. The ADA defines disability as a condition that substantially restricts one or more important life activities, like hearing, seeing breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, offering training, and transferring responsibility to different locations or positions and Vimeo acquiring adaptive software or hardware. For example, if an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with raised or lower surfaces or buy keyboards and mouse that are made for those with restricted physical dexterity.