Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied benefits or get an inadequate 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 specific rules and procedures to be adhered to, and the law is constantly changing. A skilled lawyer can help you navigate the process, guide you identify what evidence should be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't need to list all the reasons you disagree with the decision, but only those that are relevant.

The NOD can be submitted within one year of the date of the unfavorable decision you're appealing. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. Your attorney should be present to this hearing. The judge will look over the evidence and make a final determination. A competent lawyer will make sure that all the required evidence is presented during your hearing. Included in this are any medical records, service records, health records that are private and C&P tests.

Disability Benefits

veterans disability law firm (Https://vimeo.com/) who suffer from a mental or physical illness that is limiting and was caused or worsened as a result of their military service could be qualified for disability benefits. They may be eligible for monthly monetary payments based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing claims, get the necessary medical records as well as other documents, fill out required forms and track the progress of the VA on their behalf.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of a rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that the additional SOCs are filed with all the required information to support each argument in an appeal.

Our lawyers can assist veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job skills to help veterans disability lawsuit prepare for civilian employment, or to adjust to changing careers when their disabilities make it difficult for them to find work that is meaningful. 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their job. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a national program for job placement and business education program that assists disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to work. This includes reemployment with the same employer; fast access to employment; self-employment and work through long-term service.

Employers may ask applicants for any accommodations in the hiring process, including longer time to complete a test or permission to give oral instead of written answers. But the ADA does not allow employers to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff in order to increase awareness and veterans disability law firm understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, such as hearing and seeing, walking, breathing. Standing, sitting, working, learning and more. The ADA excludes certain ailments that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This includes altering equipment, offering training, shifting the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. If a person is unable to exercise physical strength, employers must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.