Veterans Disability Law

Veterans disability law is a vast 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 correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be followed and the law is always changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement. It is important to state clearly in your NOD about why you are dissatisfied with the decision. You don't have to include all the reasons you do not agree with the decision. Just the ones that are relevant.

The NOD can be filed within one year from the date of the adverse decision you're appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. It is important to have your attorney attend this hearing with you. The judge will look over your evidence and make a final decision. An experienced attorney will ensure that all evidence is presented during your hearing. This includes all service records, private medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused or worsened as a result of their military service could be qualified for disability benefits. These veterans could receive a monthly monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing an application and get the necessary medical records as well as other documentation to complete the necessary forms, and monitor the VA’s progress.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes regarding the effective date for a rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can help veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from finding meaningful work. 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 prohibits discrimination towards avenal veterans disability lawyer who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This includes modifications to job duties or workplace adjustments.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that helps disabled veterans find employment and businesses.

Veterans with disabilities who are separated from the military can choose one of five routes to gain 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 employment through long-term military service.

Employers can ask applicants whether they require any accommodations during the hiring process. For instance if they require more time to take the test or if it's okay to talk instead of write their answers. But the ADA does not permit employers to inquire about a person's disability unless it is apparent.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to increase awareness and improve understanding of veterans' issues. They can also reach out to 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 that are related to their service have difficult to get a job. To help them, the Department of Labor supports a national job referral and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also restricts the information that employers can request about a person's medical background and Vimeo.Com also prohibits harassment and revenge due to disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily life, such as hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes some conditions that are common among carlisle veterans disability attorney, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to complete their job. This is not the case if the accommodation causes undue hardship to the contractor. This includes modifying the equipment, providing training and shifting responsibilities to different positions or locations as well as purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind employers must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with limited physical dexterity.