Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits, or receive low disability ratings when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. In your NOD, you are important to provide reasons your reasons for disagreeing with the decision. You do not have to list every reason you disagree, but only those that are pertinent.

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

After the NOD has been filed, you will be given the date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will go over the evidence and then make a final decision. A competent lawyer will ensure that all necessary evidence is presented during your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental disorder that was aggravated or caused through their military service may qualify for disability benefits. Veterans may receive an amount of money per month according to the degree of their disability.

Our New York disability lawyers work to ensure veterans disability lawsuit receive all benefits they're entitled to. We assist veterans in filing a claim, obtain necessary medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or a dispute over the effective date of rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed if a case is taken to an appeals court.

Our lawyers can also assist Veterans Disability Lawyers with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector or to begin an entirely new career if their disabilities make it difficult for them to find work that is meaningful. 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans disability lawsuits to complete their job. This includes modifications to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a national program for job placement and training that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and work through long-term service.

Employers can inquire whether they require any special accommodations to participate in the selection process, like longer time to complete tests or to provide oral rather than written answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it 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. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also restricts the information about medical conditions that employers can 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, including hearing and seeing, walking, breathing. Standing, sitting or working, learning, etc. The ADA excludes some conditions that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation in order to complete work, veterans Disability Lawyers an employer must provide it, unless it creates a hardship on the contractor's business. This could include modifying equipment, offering training, veterans disability lawyers shifting duties to other jobs or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer must supply furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.