Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will assist you in obtaining 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 well-prepared and we track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions or pay, as well as training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied benefits or receive a low 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 is complex, with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it is important to explain why you are not happy with the decision. You don't have to list all the reasons you disagree with the decision, just the ones that are relevant.

The NOD can be submitted within one year of the date of the adverse decision you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

After the NOD has been filed, you will be assigned a date and time for your hearing. It is essential that your attorney be present along with you. The judge will look over the evidence you have presented before making a final decision. A good attorney will make sure that all evidence is presented at the hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was caused or worsened due to their military service, may be qualified for disability benefits. These veterans may receive an annual monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans in filing an application and obtain the required medical records along with other documents to complete the necessary forms, and keep track of the progress of the VA.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disagreements over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that any additional SOCs are prepared with all the necessary details to support every argument in the claim.

Our lawyers can help aberdeen Veterans disability lawsuit with disabilities related to their service in applying for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to prepare them for civilian work or learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their duties. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be an option for disabled cumming veterans disability lawsuit who are interested in a job. This is a nationwide job-placement and business-training program that assists veterans with disabilities find jobs and companies.

Veterans with disabilities who are separated from the military may follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment; self-employment and work through long-term service.

An employer may ask applicants for any accommodations in the hiring process, for example, longer time to complete tests or to provide verbal answers instead of written answers. But the ADA does not permit an employer to inquire about a person's disability in the absence of evidence.

Employers that are concerned about discriminatory practices against disabled veterans should consider holding training sessions for all employees to raise awareness and improve understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To assist these veterans, the Department of Labor funds EARN, a national resource for information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring promotions benefits, or other terms and conditions of employment. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, including hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require them in order to perform their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This can include changing equipment, providing training, shifting the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. For example the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical dexterity, an employer must provide furniture with raised or lowered surfaces or purchase specially designed keyboards and mice.