Veterans Disability Law

The law governing veterans disability attorney disability is a vast area. We help you get the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA stipulates that employers must offer reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be adhered to and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you create a compelling argument.

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

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

Once the NOD has been filed after which you will be given a date for your hearing. You should bring your attorney to this hearing. The judge will go over your evidence and make a final decision. A good attorney will ensure that all of the required evidence is presented at the hearing. Included in this are any service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was caused or worsened by their military service may qualify 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 receive all of the benefits to which they have a right to. We assist veterans to file a claim, obtain necessary medical records and other documentation, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements with the percentage evaluation, or disagreements about the date of effective of a rating. 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 prepared with all the necessary information to support each argument in a claim.

Our lawyers can assist veterans disability lawyers suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or to adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. 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 towards veterans who have disabilities. This includes those who were caused or Veterans Disability Lawyers worsened by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. 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 disability lawsuit looking to find work. This is a national program for job placement and business education program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different paths to a job. The five options include reemployment with the same employer, speedy access to employment, self-employment and the possibility of employment through long-term service.

Employers may ask applicants if they need any accommodations for the selection process. For example if they require more time to finish an exam or if it's okay to speak instead of writing their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

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

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans with their job search, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for job opportunities.

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

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This includes altering the equipment, providing training and transferring responsibilities to other positions or locations, as well as acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, employers must provide furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.