Veterans Disability Law

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

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

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

Appeals

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

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

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

Once the NOD has been submitted, you will be provided with an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will go through all evidence presented before making a decision. An experienced attorney will ensure that all of the required evidence is presented at the hearing. Included in this are service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental condition that was caused or worsened by their military service may qualify for disability benefits. These veterans could receive a monthly monetary payment based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans disability attorneys get all benefits to which they're entitled. We help veterans to file a claim and obtain the necessary medical records as well as other documentation, fill out required forms, and track the progress of the VA.

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

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian employment or adjust to a new career in the event that their disabilities hinder 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 incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their duties. This includes adjustments to job duties and modifications to work environments.

Veterans with disabilities who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment, and employment through long-term service.

Employers may ask applicants whether they require any accommodations in the hiring process, including longer time to complete a test or permission to provide oral rather than written answers. The ADA does not allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. They should 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 who have disabilities caused by service have difficulty to obtain employment. To assist these veterans disability lawyer (riuh-bdphq.cdn.imgeng.in official), the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy provides this free phone and Veterans Disability lawyer electronic system that connects employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to inquire about a person's medical background and also prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that significantly hinders one or more major life activities like hearing, seeing breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, such as post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering equipment, providing training, delegating duties to other jobs or facilities, as well as acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers must provide furniture with higher or lower surfaces or buy keyboards and mouse that are made for those with limited physical dexterity.