Veterans Disability Law

veterans disability lawyer disability law covers a range of issues. We will fight to make sure you receive the benefits that you deserve.

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

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in the hiring process, promotions and pay, as well as training, as well as other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits, or receive a low disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to and the law changes constantly. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement. It is crucial to make clear in your NOD on the reason you disagree with the unfavorable decision. You don't have to list every reason why you disagree with, but only those that are pertinent.

You are able to file your NOD within one year of when you appealed an unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. It is essential that your attorney attend this hearing together with you. The judge will go through all of your evidence before making a decision. A competent attorney will make sure that all the evidence needed is presented at your hearing. This includes any service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder that was caused or aggravated through their military service could qualify for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating, which is a percentage that indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file claims, get the necessary medical records and other documentation, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or a dispute over the date of effective rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are filed with all the required information to back every argument in an appeal.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

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 employers to provide reasonable accommodations to assist disabled veterans do their duties. This could include changes to job duties or workplace adjustments.

Disabled veterans interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different paths to a job. The five options include reemployment at the same employer, quick access to employment, self-employment and work through long-term services.

An employer may ask applicants to provide any modifications to participate in the selection process, like more time to sit for tests or to provide oral rather than written answers. However, the ADA does not permit an employer to inquire about a person's disability status unless it is apparent.

Employers that are concerned about possible discrimination against disabled veterans should consider conducting training sessions for all employees to increase awareness and improve understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability lawyers with disabilities that are related to their service have difficult to get a job. To aid these veterans to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled Veterans Disability Lawyer looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. It also limits the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more essential activities of daily living, including hearing and walking, breathing, seeing. Standing, sitting, working, learning and so on. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them to do their job. This is not the case if the accommodation would cause undue hardship to the contractor. This can include changing equipment, offering training, reassigning tasks to other positions or facilities, and buying adaptive hardware or software. For instance in the event that an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with physical limitations.