Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is well-prepared and you can track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions and pay, as well as training, and other terms, conditions of employment and rights.

Appeals

Many veterans are denied disability benefits or receive a low rating, which should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to explain why you disagree with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

The NOD must be filed within a year of the date of the adverse decision you are appealing. If you require more time to prepare your NOD, an extension may be granted.

Once the NOD has been filed, you will be given an appointment for hearing. It is crucial that your attorney present at the hearing along with you. The judge will scrutinize all of your evidence before making a final decision. A good attorney will ensure that all evidence is presented at your hearing. This includes any service records, medical records and C&P exams.

Disability Benefits

veterans disability law firm who suffer from a crippling mental or physical condition that was caused or aggravated through their military service may be eligible for disability benefits. These veterans could receive an amount of money per month according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help veterans to file an application and obtain the medical records they require and other documents, fill out required forms, and monitor the progress of the VA.

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

Our lawyers can also help veterans disability lawsuits with service-connected disabilities to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from obtaining meaningful employment. It is also possible for disabled veterans 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to complete their job. 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 disability Lawyers interested in employment. This is a national program for job placement and business education program that helps veterans with disabilities find jobs and businesses.

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

Employers can ask applicants whether they require any modifications for the hiring process. For instance that they require more time to complete a test or if it's okay to talk instead of writing their answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discriminatory practices against disabled veterans must consider conducting training sessions for all employees to increase awareness and improve understanding of veterans' issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult finding employment. To help these veterans with their job search, the Department of Labor funds EARN, a national resource for information and assistance with job search. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to ask about a person's health history and prevents harassment or reprisals because of disability. The ADA defines disability in terms of a condition that significantly limits one or more major activities of daily living, such as hearing and walking, breathing, seeing. Standing, sitting or working, learning and so on. The ADA excludes some conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them in order to perform their duties. This is the case unless the accommodation causes undue hardship for the contractor. This could include modifying equipment, providing training, transferring the duties to different jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, an employer must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.