Veterans Disability Law

The law governing veterans disability is a broad field. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is properly prepared and track the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and veterans disability Lawyers assist you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it is important to describe why you are not happy with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.

You can file your NoD within one year from the date you appealed against the unfavorable decision. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be assigned a time for your hearing. You must bring your attorney to the hearing. The judge will look over all evidence presented before making a decision. A competent lawyer will ensure that all the necessary evidence is provided during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

veterans disability attorneys suffering from a physical or Veterans disability lawyers mental illness that is debilitating and was caused by or worsened due to their military service could be eligible for disability benefits. They may be eligible for a monthly monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans Disability lawyers in filing claims and collect the necessary medical records along with other documents, fill out required forms, and keep track of the progress of the VA.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date of an evaluation. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information to support every argument in an appeal.

Our lawyers can help veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to prepare them for civilian jobs or to adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their job. This includes changes in job duties or workplace adjustments.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national employment and business training program that helps disabled veterans find jobs and companies.

Veterans with disabilities who are separating from the military may follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For instance, if they need longer time to complete the test or if they feel it's okay to speak instead of writing their answers. The ADA doesn't allow employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about discrimination against disabled veterans should consider having training sessions available to all employees to increase awareness and better understand veteran issues. Additionally they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To aid these veterans with their job search, the Department of Labor funds EARN, a national resource for information and job vacancies. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers may request about a person's medical background and also prohibits harassment and retaliation because of disability. The ADA defines disability as a condition which significantly restricts one or more of the important life activities, such as hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes some conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their job. This is the case unless the accommodation would cause undue hardship to the contractor. This includes altering the equipment, offering training and shifting responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. 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. Employers must offer furniture with higher or lower surfaces or buy keyboards and mouse that are specially designed for those with limited physical strength.