Veterans Disability Law

Veterans disability law covers a range of issues. We will fight to help you get the benefits you deserve.

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and we track the progress of your claim.

USERRA requires that employers provide reasonable accommodations to employees who have disabilities that are a result of military service, or 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.

Appeals

Many veterans are denied disability benefits or are given a low rating, which ought to be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit for your appeal, and assist you build a strong claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to describe why you disagree with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you want to appeal. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD has been submitted, you will be provided with the date for your hearing. It is crucial that your attorney attend this hearing with you. The judge will review your evidence prior to making a final decision. A good lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

veterans disability attorney who suffer from a physical or mental illness that is limiting and was triggered or worsened due to their military service could be qualified for disability benefits. They can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans file an application, obtain the required medical records and other documents, complete necessary forms and monitor the progress of their VA claim on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements regarding a percentage evaluation or disputes over the effective date of the rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that an appeals court is involved. an appeals court.

Our lawyers can assist veterans with disabilities resulting from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian employment, or to adjust to a new career when their disabilities make it difficult for them to find work that is meaningful. It is also possible for disabled veterans disability law firms 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 aggravated during military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities do their duties. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a national job placement and training program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating 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 are reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

Employers may ask applicants to provide any special accommodations to participate in the hiring process, including more time to take an exam or the ability to give oral instead of written answers. The ADA does not permit employers to ask about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may want to consider conducting training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to get a job. To help these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. Funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. The ADA also restricts the information employers can request about a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that limits one or more important life activities, like hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common among Veterans Disability Lawyer, like the 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 to the contractor. This includes modifying equipment, offering training, reassigning the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces or purchase keyboards and mice made for those with restricted physical dexterity.