Veterans Disability Law

The law governing veterans disability is a broad field. We will work to ensure you receive the benefits you are entitled to.

Congress created the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and you can track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or are given low ratings that should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, assist you to determine what evidence you should included in your appeal, and create a compelling case for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to make clear in your NOD about why you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision, just those that are relevant.

The NOD can be filed within one year of the date of the adverse decision that you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will be assigned a date and time for your hearing. It is crucial to have your attorney be present along with you. The judge will review all evidence presented before making a final decision. A competent lawyer will make sure that all of the necessary evidence is provided during your hearing. Included in this are any service records, private health records and C&P exams.

Disability Benefits

veterans disability attorney suffering from a mental or physical condition which is disabling and was caused or worsened due to their military service, could be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on the degree of their disability.

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

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation or a dispute over the date of effective rating. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are prepared with all the necessary information to support each argument in the claim.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian employment or to adapt to the new job market if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities may 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 against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their duties. This could include changes to job duties and modifications to work environments.

Disabled veterans interested in a job 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 disability lawyers find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to employment. The five options are reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For instance the need for longer time to complete a test or if it's okay to talk instead of write their answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless the disability is obvious.

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

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find employment. To help these Veterans Disability Lawyers, the Department of Labor supports a national job referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting and working, as well as learning and veterans disability lawyers more. The ADA excludes certain conditions that are common among veterans, such as tinnitus or post-traumatic disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodations would create unnecessary hardship to the contractor. This could include modifying equipment, offering training, delegating the duties to different positions or facilities, and acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical dexterity, a company must provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.