Veterans Disability Law

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

Congress created the VA claim process to be more accommodating for veterans Disability lawyers. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA requires that employers offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay and training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist to build a strong case.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it's important to describe the reasons you don't agree with the decision. You don't need to list all the reasons you disagree with the decision, only those that are relevant.

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

After the NOD has been submitted, you will be provided with a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize all of your evidence before making a final decision. A good lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was triggered or worsened as a result of their military service, could be eligible for disability benefits. These veterans can receive a monthly monetary payment based on their disability rating, Veterans disability lawyers which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records as well as other documents, fill out required forms and track the progress of the VA on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes over the effective date of a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are submitted with all the necessary details to support each argument in a claim.

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to begin a new career when their disabilities make it difficult for them to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help veterans disability lawsuits with disabilities perform their duties. This includes modifications to job duties and modifications to work environments.

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

Veterans with disabilities who are leaving from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For example the need for longer time to complete a test or if it's acceptable to speak instead of write their answers. However, the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans must consider conducting training sessions for all employees to raise awareness and better understand veteran issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability lawsuit who have disabilities due to their service have difficult to find employment. To help these veterans, the Department of Labor supports a national job resourcing and information resource called EARN. It is funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

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

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This could include modifying the equipment, offering training and reassigning responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice that have been specially designed for those with physical limitations.