Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is well-prepared and we track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive a low rating that isn't adequate. A veteran benefits lawyer 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 constantly changing. An experienced lawyer can help you navigate the process, help you determine what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it's important to explain the reasons you don't agree with the decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

You can file your NOD within one year of when you appealed an unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

After the NOD has been filed and you have been assigned a date for your hearing. It is crucial that your attorney attend this hearing with you. The judge will look over all of your evidence before making a decision. A competent lawyer will ensure that all the required evidence is presented during your hearing. This includes any service records, medical records as well as any C&P exams.

Disability Benefits

veterans disability lawsuit who suffer from a physical or mental illness that is debilitating and was triggered or aggravated by their military service, may be qualified for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that shows the severity of their illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans to file an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian work or be able to adjust to a different 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.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards union city veterans disability law firm who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that assists disabled veterans find work and companies.

Veterans with disabilities who are separating from the military can choose one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment; self-employment and the possibility of employment through long-term services.

Employers can ask applicants whether they require any accommodations in the selection process. For example that they require longer time to complete a test or if it is okay to speak instead of write their answers. The ADA doesn't allow employers to ask about disability unless it's obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and improve understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult finding employment. To help these veterans, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical history and prevents harassment and revenge due to disability. The ADA defines disability as the condition that significantly restricts one or more major activities of daily life, such as hearing and breathing, walking, and seeing. Standing, sitting and working, as well as learning and so on. The ADA does not cover certain conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require them in order to perform their duties. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, offering training, and transferring responsibility to different locations or positions and acquiring adaptive software or hardware. 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 a person has limited physical strength, employers must supply furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.