Veterans Disability Law

Veterans disability law is a broad field. We will assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA stipulates that employers must provide reasonable accommodations for 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 in hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and Veterans Disability laws are constantly changing. A skilled lawyer can help you navigate the process, Veterans Disability help you determine what evidence you should submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't have to include all the reasons you do not agree with the decision. Just the ones that are relevant.

You can file your NoD within one year from the date that you appealed the unfavorable ruling. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed after which you will be given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will go through your evidence prior to making a decision. A competent attorney will make sure that all of the required evidence is presented at your hearing. This includes all service records, medical records and any C&P exams.

Disability Benefits

veterans disability lawsuit suffering from a physical or mental condition which is disabling and was caused by or worsened due to their military service may be qualified for disability benefits. These veterans may receive a monthly monetary payment depending on their disability rating, which is a percentage that shows the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file an application and obtain the required medical records along with other documents, fill out required forms, and monitor the VA’s progress.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date of an evaluation. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filled out with all of the required information to support every argument in the claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to help them prepare for civilian employment or adjust to a new career when their disabilities prevent them from working in a meaningful way. 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 (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans perform their job. This includes changes in work duties or workplace changes.

veterans disability law firm with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment; self-employment and employment through long-term services.

Employers can ask applicants whether they require any accommodations in the selection process. For instance the need for more time to take a test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to inquire about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in conducting training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. In addition, they can seek out the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To assist these veterans to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily life, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning, etc. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires accommodations to complete work, an employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, supplying training and transferring responsibilities to other positions or places in addition to acquiring adaptive software or hardware. For instance when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. Employers must offer furniture with higher or lower surfaces, or purchase keyboards and mice made for those with physical limitations.