Veterans Disability Law

veterans disability lawsuits disability law covers a wide range of issues. We work to help you get the benefits to which you are entitled.

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

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

Appeals

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 procedure is complex with specific rules and procedures to be followed and the law is ever-changing. An experienced lawyer can help you navigate the process, help determine what evidence should be included in your appeal, and help you build a strong argument 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. You don't have to list all the reasons why you are not happy with the decision, just those that are relevant.

The NOD must be filed within one year of the date of the adverse decision you're appealing. If you require longer time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will receive a date for hearing. It is important to have your attorney present at the hearing together with you. The judge will review all of your evidence before making a final decision. A good attorney will make sure that all the proper evidence is presented at your hearing. This includes all service records, medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was aggravated or caused through their military service may be eligible for disability benefits. Veterans Disability Lawyers may receive an amount of money per month dependent on the severity of their disability rating.

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

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date for the rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed if an appeals court is involved. an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian employment or to adjust to a new career when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities could also 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 worsened by military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their duties. This could include changes in the job description or changes to the workplace.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to gain employment. The five options include reemployment with the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they require any accommodations in the hiring process, for example, more time to take an exam or the ability to give oral instead of written answers. However, the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may want to consider holding training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally, they can seek out the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To assist them, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. It also limits the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, such as hearing, sight breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to complete their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This can include changing equipment, offering training, shifting the duties to different locations or positions, and 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, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with raised or lower surfaces or purchase keyboards and mice made for those with restricted physical dexterity.