Veterans Disability Law

Veterans disability law is a broad area. We will do our best to get you the benefits you have earned.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is well-prepared and we track the progress of your claim.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits lawyer 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. An experienced lawyer can guide you through the process, assist you to determine the right evidence to be included in your appeal and help you build a strong argument for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it is crucial to state why you are not happy with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

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

Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a final decision. A competent attorney will make sure that all the proper evidence is presented at the hearing. This includes any service records, medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused or aggravated by their military service may be qualified for disability benefits. These veterans may receive an annual monetary payment based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We help veterans to file claims and collect the necessary medical records, other documents, fill out required forms, and track the progress of the VA.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements on an evaluation percentage or disputes about the date of effective of the 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 additional SOCs are prepared with all the necessary details to support every argument in an appeal.

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans disability lawyers veterans to prepare them for civilian work or adapt to a new profession when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

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 veterans with disabilities to perform their job. This could include changes in the work environment or job duties.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to work. This includes reemployment with the same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

Employers may ask applicants for any modifications to participate in the hiring process, for example, more time to take a test or permission to give oral instead of written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers that are concerned about discrimination against disabled veterans ought to consider organizing training sessions for all employees to increase awareness and better understand veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult finding employment. To assist these veterans disability lawyers - over here - to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. Funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly limits one or more major activities of daily living, Veterans Disability Lawyers such as hearing and breathing, walking, or seeing. Standing, sitting and working, as well as learning, etc. The ADA excludes certain ailments that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their duties. This is not the case if the accommodation causes undue hardship for the contractor. This includes modifying equipment, providing training, reassigning tasks to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company should provide furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.