Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you have earned.

Congress designed the VA claim process to be a veteran-friendly one. We ensure that your application is properly prepared and track the progress of your case.

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

Appeal

Many veterans are denied benefits or have a low disability rating when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for veterans disability law firms Claims. The process is complex with specific rules and procedures that must be adhered to, and the law is ever-changing. A skilled lawyer will guide you through the appeals process, advise you on the type of evidence you need to present with your appeal and help to build a strong case.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to explain why you are not happy 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.

The NoD is filed within one year from the date of the adverse decision you're appealing. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been submitted, you will be provided with a date for hearing. It is essential that your attorney be present along with you. The judge will look over all evidence presented before making a final decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental condition that was caused or worsened by their military service might be eligible for disability benefits. They can receive a monthly monetary payment based on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We help veterans file claims, obtain required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for a rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed if the case is brought to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian employment or Veterans disability Lawyers to adjust to a new career in the event that their disabilities hinder 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, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans disability attorney perform their job. This could include changes in job duties or workplace modifications.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and training that assists veterans with disabilities to jobs and veterans disability lawyers businesses.

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

An employer can ask applicants whether they require any accommodations in the hiring process, such as longer time to complete an exam or the ability to give oral instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To help these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, like hearing and breathing, walking, and seeing. Sitting, standing, working, learning and so on. The ADA excludes certain conditions that are common among Veterans disability Lawyers, including post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations in order to perform their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes altering equipment, providing training, shifting duties to other locations or positions, and acquiring adaptive hardware or software. For example the case of an employee who is blind or visually impaired the employer must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an individual has limited physical dexterity, a company must supply furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.