Veterans Disability Law

Veterans disability law is a vast area. We will help you make sure you receive the benefits that you are entitled to.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your case.

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

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you prepare a convincing argument.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is important to provide reasons why you are not happy with the decision. You do not have to list every reason you disagree with, but only those that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. You should bring your attorney to this hearing. The judge will scrutinize your evidence prior to making a final decision. A competent attorney will make sure that all evidence is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

veterans disability lawsuit suffering from a physical or mental illness that is debilitating and was caused by or Veterans Disability Lawyer worsened as a result of their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help Veterans Disability Lawyer file claims, get the necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for an evaluation. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are submitted with all the necessary details to support every argument in an appeal.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

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 employers to provide reasonable accommodations to assist disabled veterans perform their duties. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a nationwide job-placement and business-training program that assists disabled veterans find jobs and businesses.

Veterans with disabilities who are leaving from the military can choose one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; quick access to employment, self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance the need for more time to take an exam or if it is okay to speak instead of write their answers. But the ADA does not allow employers to inquire about a person's disability in the absence of evidence.

Employers that are concerned about possible discrimination against disabled veterans should think about conducting training sessions for all employees to increase awareness and improve understanding of veteran concerns. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To help them get a job, the Department of Labor supports a national job referral and information resource called EARN. Funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical history and prevents harassment and retaliation due to disability. The ADA defines disability as a condition that substantially restricts one or more of the major life activities including hearing, seeing, walking, breathing, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require them to complete their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This can include changing equipment, offering training, transferring tasks to other positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mouse that are made for those with physical limitations.