Veterans Disability Law

Veterans disability law covers a variety of issues. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied benefits or receive a low disability rating when they should receive a higher rating. 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 to be followed and the law is ever-changing. A skilled lawyer will guide you through the appeals process, lawsuits advise you on the type of evidence you need to present in your appeal, and help you build a strong claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to explain why you disagree with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

Your NOD can be filed within one year of the date of the unfavorable decision you are appealing. If you need more time to prepare your NOD, an extension may be granted.

After the NOD is filed, you will be given an appointment date. It is crucial that your attorney attend the hearing along with you. The judge will look over your evidence prior to making a decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or worsened by their military service, may be eligible for disability benefits. These veterans could receive a monthly monetary payment according to the severity 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 to file claims, get the necessary medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian work or to begin changing careers when their disabilities hinder their ability to pursue meaningful employment. 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 against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to offer 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 for disabled darlington veterans disability lawsuit who are interested in a job. This is a national employment and business training program that assists disabled veterans find employment and companies.

Veterans with disabilities who have been removed from the military may follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer, rapid access to employment; self-employment; and employment through long-term services.

Employers can ask applicants whether they need any accommodations for the selection process. For example that they require longer time to complete the test or if it is okay to speak instead of write their answers. However, the ADA does not allow employers to inquire about a person's disability unless it is apparent.

Employers that are concerned about discriminatory practices against disabled veterans should think about having training sessions available to all employees to increase awareness and increase understanding of veteran concerns. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to get a job. To help them in obtaining employment, the Department of Labor funds EARN which is a national source for information and referrals to jobs. It is funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information that employers can request about a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as the condition that significantly restricts one or more major aspects of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, veterans disability attorney as well as learning and more. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their duties. This is the case unless the accommodation would cause undue hardship to the contractor. This could include modifying the equipment, supplying training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and attorneys Braille displays. If a person has limited physical strength, employers must provide furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.