Veterans Disability Law

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

Congress created the VA claim process to be more accommodating for veterans Disability Lawyers. We ensure that your application is well-prepared and we track the progress of your claim.

USERRA requires that employers provide reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions pay, training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, help you determine the right evidence to be included in your appeal, and build a strong case for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to be clear in your NOD about why you disagree with the unfavorable decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

The NoD is filed within one year from the date of the adverse decision that you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed and the NOD is filed, you will be given a date for your hearing. It is crucial that your attorney present at the hearing together with you. The judge will review your evidence and make a final determination. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition which was caused or aggravated through their military service could qualify for disability benefits. These veterans can receive a monthly monetary payment according to their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans in filing claims, get the necessary medical records and other documentation, fill out 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 about the evaluation of a percentage or a dispute over the date of effective rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs with all the necessary information are filed when the case is brought to an appeals court.

Our lawyers can help veterans disability lawsuits with disabilities that are related to their service to apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans disability lawyers veterans to prepare them for civilian employment or adapt to a new profession in the event that their disabilities hinder them from finding 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their job. This includes changes to work duties or workplace changes.

Veterans with disabilities who are interested in a job may want to contact the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps connect disabled veterans to jobs and businesses.

veterans disability attorneys with disabilities who are leaving from the military may follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, rapid access to employment, self-employment and work through long-term services.

Employers can ask applicants whether they require any modifications for the selection process. For instance the need for more time to finish an exam or if it's okay to speak instead of writing their answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to get a job. To help them, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily living, such as hearing and walking, breathing, seeing. Standing, sitting or working, learning and so on. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, providing training, and transferring responsibility to other positions or locations as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer should provide furniture with raised or lowered surfaces, or purchase mouses and veterans disability lawyers keyboards that are adapted to the user.