Veterans Disability Law

Veterans disability law is a vast area. We are here to help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated in military service. Title I of the ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, as well as other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or have an inadequate disability rating, when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed, and the law changes constantly. A skilled lawyer will guide you through the appeals process, identify what evidence you must submit to support your appeal and assist to build a strong case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to be clear in your NOD as to why you do not agree with the decision. It is not necessary to list every reason why you disagree with, but only those that are pertinent.

The NOD can be submitted within one year of the date of the unfavorable decision that you are appealing. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will receive the date for your hearing. It is crucial to have your attorney be present with you. The judge will go over your evidence and then make a final decision. A competent lawyer will ensure that all the necessary evidence is presented at your hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was triggered or worsened by their military service, could be qualified for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We help veterans disability attorney file an application, obtain the required medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of a rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are filed with all the required information needed to support each argument in the claim.

Our lawyers can also help veterans disability law firm with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to prepare them for civilian work or be able to adjust to a different 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their duties. This could include changes to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a national employment and business training program that assists disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to work. These include reemployment with same employer; fast access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example the need for more time to finish an exam or if it's acceptable to speak instead of write their answers. But the ADA does not permit an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about discrimination against disabled veterans should consider conducting training sessions for all employees to increase awareness and better understand veteran concerns. They may also contact 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 resulting from service are unable to find work. To help them in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. It is funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. It also restricts the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more important life activities, such as hearing, sight breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans Disability lawyer; mallangpeach.com,, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, providing training, and transferring responsibility to other positions or places in addition to acquiring adaptive software or hardware. For instance, if an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. If a person has limited physical dexterity, an employer should provide furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.