Veterans Disability Law

The law governing veterans Disability lawyers disability is a broad area. We will help you get you the benefits you have earned.

Congress designed the VA claim process to be more accommodating for veterans. We make sure your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that arise during military service or aggravated by military service. Title I of ADA prohibits disability discrimination in the hiring process, promotions and pay and training, and other employment terms, conditions, and privileges.

Appeals

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for veterans disability lawsuits Claims. The process is complex with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to explain why you disagree with the decision. You do not have to list every reason that you disagree, but only those that are pertinent.

The NOD can be submitted within one year of the date of the unfavorable decision you want to appeal. If you require additional time to prepare your NOD, an extension could be granted.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. You should bring your attorney to this hearing. The judge will scrutinize all evidence presented before making a final decision. A competent lawyer will make sure that all the required evidence is provided during your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

veterans disability lawyers suffering from a debilitating physical or mental disorder which was caused or aggravated through their military service could be eligible for disability benefits. They can receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans with filing an application, obtain the required medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes over the effective date of an evaluation. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are filed with all the required details to support every argument in an appeal.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their jobs. This could include changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. It is a nationwide job placement and training program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different paths to employment. These include reemployment with the same employer; quick access to employment; self-employment and employment through long-term services.

Employers may ask applicants if they need any accommodations for the hiring process. For instance if they require longer time to complete the test or if it is okay to speak instead of writing their answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to raise awareness and improve understanding of veteran concerns. They can also reach out to 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 have difficult to get a job. To assist these veterans get a job, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also restricts the information that employers can request about a person's medical history and prevents harassment or reprisals due to disability. The ADA defines disability as a condition that significantly restricts one or more major life activities, like hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to do their job. This is the case unless the accommodation would cause undue hardship for the contractor. This includes altering the equipment, supplying training and shifting responsibilities to different locations or positions and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If an individual has limited physical strength, employers must provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.