Veterans Disability Law

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

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

USERRA requires employers to provide reasonable accommodations for 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, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help you determine what evidence should be included in your appeal and build a strong case for your case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD about why you are dissatisfied with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.

You may file your NOD within one year from when you appealed an unfavorable ruling. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will receive the date for your hearing. It is essential that your attorney attend the hearing with you. The judge will review the evidence and veterans disability Law firms then make a final decision. A competent lawyer will make sure that all the required evidence is presented at your hearing. Included in this are any medical records, service medical records, private health records and C&P examinations.

Disability Benefits

veterans disability lawsuit who suffer from a debilitating mental or physical condition that was aggravated or caused through their military service may qualify for disability benefits. These veterans may receive a monthly monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans to file a claim and obtain the medical records they require as well as other documentation to complete the necessary forms, and monitor the VA’s progress.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required information are filed when a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service 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 changing careers when their disabilities hinder their ability to find a job that is meaningful. Veterans Disability Law Firms with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This could include changes to job duties or workplace adjustments.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose between five different paths to work. The five options include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers can ask applicants whether they require any accommodations during the selection process. For example the need for more time to complete the test or if they feel it's okay to speak instead of write their answers. The ADA does not permit employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans must consider organizing training sessions for all employees to raise awareness and enhance understanding of veterans' issues. Additionally, they can contact the Job Accommodation Network, Veterans Disability Law Firms a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability attorneys who have disabilities due to their service experience difficult to find work. To help them, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

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

If a disabled veteran needs an accommodation to do work, an employer must accommodate it unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, delegating tasks to other jobs or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille and talking calculators devices. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mice specifically designed for people with limited physical strength.