Veterans Disability Law

Veterans disability law covers a wide variety of issues. We help you get the benefits to which you are entitled.

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

USERRA requires that employers provide reasonable accommodations to employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and jejucordelia.com laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit for your appeal, and assist you prepare a convincing argument.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, you are important to describe why you are not happy with the decision. It is not necessary to list every reason you disagree with, but only those that are pertinent.

You may file your NOD within one year of the date you appealed against the unfavorable decision. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date and time for your hearing. It is crucial to have your attorney present at the hearing along with you. The judge will look over all of your evidence before making a decision. A good attorney will ensure that all the proper evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and is the result of or worsened as a result of their military service, may be eligible for disability benefits. These veterans could receive a monthly monetary payment according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application and get the medical records they require and other documents as well as fill out the required forms, and keep track of the progress of the VA.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage, or disputes about the date of rating that is effective. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and jejucordelia.com job skills to prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities make it difficult for them to find meaningful work. It is also possible for disabled veterans disability attorneys to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans disability lawyer with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their jobs. This includes adjustments to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a nationwide training and job placement program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military can choose one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

An employer can ask applicants whether they require any accommodations in the hiring process, for example, longer time to complete tests or permission to give oral instead of written answers. The ADA does not allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for their entire employees to increase awareness and understanding of veteran issues. Additionally, they can contact the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult to get a job. To help these veterans with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. The ADA also restricts the information employers are able to request regarding a person's medical background and also prohibits harassment and revenge based on disability. The ADA defines disability as a condition that restricts one or more essential life activities, including hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to do their duties. This is the case unless the accommodation would cause undue hardship to the contractor. This could include modifying equipment, providing training, shifting duties to other positions or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, a company must supply furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.