Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to help you get the benefits you deserve.

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

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

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be submitted with your appeal, and build a strong case for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD on the reason you disagree with the unfavorable decision. It is not necessary to list all the reasons why you are not happy with the decision. Just those that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable decision. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed and Veterans Disability Lawyer you have been given a date for your hearing. It is important to have your attorney present at the hearing along with you. The judge will examine the evidence and make a decision. A good attorney will ensure that all of the required evidence is presented at the hearing. This includes any service records, medical records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused by or aggravated by their military service, may be qualified for disability benefits. These veterans could receive monthly monetary payments based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans to file a claim and obtain the required medical records, other documents to complete the necessary forms, and monitor the progress of the VA.

We can also assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or a dispute over the date of rating that is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are filed with all the required information needed to support each argument in the claim.

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawsuits who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their job. This includes modifications to work duties or workplace adjustments.

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

Veterans with disabilities who are leaving from the military could follow one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment; self-employment; and employment through long-term care.

An employer may ask applicants if they require any special accommodations to participate in the selection process, like extra time to take an exam or the ability to provide oral rather than written answers. However, the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers that are concerned about discriminatory practices against disabled veterans disability lawyer should think about holding training sessions for all employees to raise awareness and better understand veterans' issues. They may 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 with disabilities related to service struggle to obtain employment. To assist these veterans, 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 It provides a no-cost phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information that employers can request regarding a person's medical history and prohibits harassment and retaliation due to disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing, working, learning and learning, etc. The ADA excludes some conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, providing training, delegating the duties to different positions or facilities, veterans Disability lawyer and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company must supply furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.