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Veterans Disability Law

Veterans disability law is a broad area. We will help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated through 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 terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating that ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help determine the right evidence to be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with a Notice to Disagreement. In your NOD, you are important to describe the reasons you don't agree with the decision. It is not necessary to list all the reasons you disagree with the decision. Just those that are relevant.

You can 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.

After the NOD has been filed and the NOD is filed, you will be given a date for your hearing. It is crucial that your attorney be present with you. The judge will look over the evidence and make a final determination. A good attorney will make sure that all evidence is presented during your hearing. This includes any service records, medical records and any C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was caused by or worsened as a result of their military service, could be qualified for disability benefits. These veterans disability attorneys may receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans in filing claims and collect the medical records they require along with other documents to complete the necessary forms, and monitor the progress of the VA.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of the rating. If a case is sent to 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 each argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to begin an entirely new career if their disabilities preclude their ability to find meaningful work. It is also possible for disabled Veterans Disability Lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their job. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that assists disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different routes to work. The five options include reemployment at the same employer, speedy access to employment, self-employment, and employment through long-term military service.

An employer can ask applicants to provide any special accommodations to participate in the hiring process, such as more time to take an exam or the ability to give verbal instead of written answers. However, the ADA does not permit an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for all of their employees to increase awareness and understanding of veteran issues. In addition, they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can request regarding a person's medical history and prohibits harassment and revenge in response to disability. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans disability law firms who need them to complete their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This includes modifying the equipment, supplying training and shifting responsibilities to different positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, a company must provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.