Veterans Disability Law

Veterans disability law covers a wide variety of issues. We are here to 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 your application is completed and tracked your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities that are incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay, as well as training, and other employment terms, conditions and privileges.

Appeal

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help you identify what evidence should be included in your appeal and develop a convincing argument for your case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you are dissatisfied with the decision. You don't need to list all the reasons you do not agree with the decision, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with an appointment date. Your attorney should be present to this hearing. The judge will go over the evidence and make a decision. An experienced attorney will ensure that all of the required evidence is presented during your hearing. This includes all service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused by or worsened by their military service may be eligible for disability benefits. These veterans could receive an amount of money per month dependent on the degree of their disability.

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 assist veterans disability lawyers (https://tujuan.Grogol.us/) to file a claim and obtain the necessary medical records and other documents, fill out required forms, and monitor the progress of the VA.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with the percentage evaluation or disagreements about the date of effective of a rating. If a case will be subject to an appeals hearing, our company will ensure that the initial 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 help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides education, training and Veterans Disability lawyers job-related skills to veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their duties. This could include changes in job duties or workplace modifications.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to employment. This includes reemployment with the same employer; quick access to employment; self-employment; and work through long-term service.

Employers may ask applicants if they require any modifications for the selection process. For example if they require more time to take the test or if they feel it's okay to speak instead of write their answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire staff to increase awareness and understanding of veteran issues. In addition they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firms who have disabilities related to service struggle to find employment. To help these veterans get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also limits the information employers can request regarding a person's medical background and also prohibits harassment and retaliation because of disability. The ADA defines disability as a condition that significantly limits one or more major life activities such as hearing, seeing breathing, walking, standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their duties. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, offering training, and transferring responsibility to different positions or locations and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with raised or lower surfaces or buy keyboards and mice specially designed for those with restricted physical dexterity.