Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay as well as in training, as well as other terms, conditions of employment, and privileges.

Appeals

Many veterans are denied benefits or have a low disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed, and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit for your appeal, and assist you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it is important to provide reasons why you disagree with the decision. You don't have to include all the reasons you disagree with the decision. Just those that are relevant.

The NOD must be submitted within one year of the date of the adverse decision that you are appealing. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will receive the date for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will review the evidence and make 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 disability lawyer suffering from a crippling physical or mental condition which was caused or aggravated through their military service could qualify for disability benefits. They may be eligible for a monthly monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans to file an application and obtain the necessary medical records as well as other documentation to complete the necessary forms, and track the VA’s progress.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to adapt to a new career when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for veterans disability lawyer Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This includes changes to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a national training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to gain employment. The five options include reemployment with the same company, fast access to employment, self-employment, and employment through long-term military service.

Employers can ask applicants whether they need any accommodations for the hiring process. For instance the need for longer time to complete the test or if it's okay to speak instead of write their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans disability attorney might consider holding training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally they can reach out to the Job Accommodation Network, veterans disability lawyer a free consulting service that provides individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To aid these veterans, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment and revenge because of disability. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, including hearing and breathing, walking, and seeing. Sitting, standing, working, learning and learning, etc. The ADA excludes some conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete the job, the employer must offer it unless it creates a hardship on the contractor's business. This could include modifying equipment, offering training, reassigning duties to other locations or positions, and purchasing adaptive software or hardware. For example when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. If an employee has limited physical dexterity, a company must provide furniture with raised or lowered surfaces or purchase adapted keyboards and mouses.