Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to ensure you receive the benefits you deserve.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied benefits or receive an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can help you file an 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 can help you navigate the process, assist you to determine what evidence should be included in your appeal and build a strong case for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is essential to be clear in your NOD about why you do not agree with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

Your NOD can be filed within a year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will receive a date for hearing. It is essential that your attorney be present along with you. The judge will look over your evidence and then make a final decision. A good lawyer will ensure that all necessary evidence is presented at your hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder that was caused or aggravated through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score, which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with the percentage evaluation, or disagreements about the date of effective of an evaluation. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant information are filed when an appeals court is involved. an appeals court.

Our lawyers can also assist baker veterans disability attorney with disabilities resulting from service to 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 adjust to the new job market if their disabilities make it difficult for them to pursue 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans perform their job. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nationwide program for job placement and business education program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to employment. This includes reemployment with same employer, rapid access to employment; self-employment; and employment through long-term services.

Employers may ask applicants if they require any modifications for the selection process. For instance the need for longer time to complete a test or if it's okay to speak instead of writing their answers. However, the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. In addition, they can contact the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help them, the Department of Labor supports a national job search and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also limits the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include changing equipment, Vimeo.com providing training, transferring duties to other locations or positions, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that are specially designed for those with restricted physical dexterity.