Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you get the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for veterans disability Lawyer Claims. The process is complex with specific rules and procedures that must be followed and the law changes constantly. A knowledgeable lawyer can guide you through the process, guide you identify what evidence should be included in your appeal, and help you build a strong argument for your case.

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

The NoD is submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a date and time for your hearing. It is essential that your attorney be present with you. The judge will examine the evidence and make a decision. A competent attorney will make sure that all the proper evidence is presented during your hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and is the result of or worsened due to their military service, may be eligible for disability benefits. These veterans may receive an amount of money per month based on the severity of their disability.

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

We can also assist in appeals of any VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed if an appeals court is involved. an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to help them prepare for civilian work or adjust to a new career when their disabilities keep them from finding work that is meaningful. 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 that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their duties. This includes adjustments to job duties and changes to the workplace.

Disabled veterans interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and training that assists disabled veterans to jobs and businesses.

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

Employers can inquire for any modifications to participate in the hiring process, such as more time to take tests or permission to provide oral rather than written answers. The ADA doesn't allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discriminatory practices against disabled veterans should consider conducting training sessions for all employees to raise awareness and improve understanding of veteran concerns. In addition they can reach out to the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find work. To help these veterans with their job search, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. The ADA also restricts the information employers are able to request regarding a person's medical background and also prohibits harassment and discrimination due to disability. The ADA defines disability in terms of a condition that significantly limits one or more essential activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain conditions that are common among veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation in order to complete the job, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, supplying training and reassigning responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. 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 must furnish furniture with elevated or lower surfaces or purchase keyboards and mice that are specifically designed for people with limited physical strength.