Veterans Disability Law

The law governing veterans disability is a broad field. 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 veterans disability lawyers follow your case through the process.

USERRA requires employers to offer reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits disability discrimination in hiring, 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 receive an unsatisfactory disability rating when they should receive a higher rating. A lawyer for veterans benefits 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 ever-changing. A skilled lawyer will guide you through the appeals process, identify what evidence you must submit to support your appeal and assist you create a compelling argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

You can file your NOD within one year of the date that you appealed the unfavorable ruling. If you require more time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed, you will be assigned a date and time for your hearing. You should bring your attorney to this hearing. 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 at your hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was caused by or worsened due to their military service may be qualified for disability benefits. These veterans may receive monthly monetary payments based on the severity of their disability.

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

We can also assist with appeals of VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date for rating. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and Veterans disability Lawyers that any additional SOCs are filled out with all of the required details to support every argument in an appeal.

Our lawyers can also help veterans disability lawsuit with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to transition to a new career when their disabilities prevent them from being able to find meaningful work. 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 with disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their job. This includes changes to work duties or workplace changes.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists disabled veterans find work and companies.

Veterans with disabilities who have been removed from the military could follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment, and employment through long-term military service.

An employer can ask applicants to provide any accommodations to participate in the selection process, like extra time to take an exam or the ability to give oral instead of written answers. However, the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for their entire employees to increase awareness and understanding of veteran-related issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to get a job. To assist these veterans with their job search, the Department of Labor supports a national job search and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to request about a person's medical background and also prohibits harassment and discrimination due to disability. The ADA defines disability as a condition that restricts one or more major life activities, such as hearing, sight breathing, walking, sitting, standing, and working. The ADA excludes some conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This could include modifying the equipment, supplying training and transferring responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers should provide furniture with raised or lower surfaces or buy keyboards and mice that have been made for those with restricted physical dexterity.