Veterans Disability Law

veterans disability law firm disability law is a vast area. We will work to ensure you receive the benefits you deserve.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA requires 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 when hiring, promotions or pay, as well other conditions, terms and privileges of employment.

Appeal

Many veterans are denied benefits or have a low disability rating when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, and create a compelling case for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to describe the reasons you don't agree with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

The NOD must be filed within a year of the date of the adverse decision you want to appeal. If you need more time to prepare your NOD, an extension may be granted.

After the NOD has been filed and you have been assigned a time for your hearing. It is important to have your attorney be present with you. The judge will look over your evidence prior to making a decision. A good attorney will ensure that all evidence is presented during your hearing. This includes all service records, medical records and C&P exams.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was caused or aggravated through their military service may qualify for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file an application, obtain the required medical records and other documents, fill out required forms and track the progress of the VA on their behalf.

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

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian work or to transition to a new career when their disabilities preclude their ability to pursue 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 with disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their duties. This could include changes in job duties or modifications to work environments.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to gain employment. The five options are reemployment at the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example, if they need longer time to complete an exam or if it is okay to speak instead of write their answers. However, the ADA does not allow employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider holding training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To help them, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition which significantly restricts one or more major life activities, including hearing, seeing, walking, breathing, sitting, standing, and working. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans disability lawsuits who require accommodations to do their duties. This is the case unless the accommodation causes undue hardship for the contractor. This includes modifying the equipment, providing training and shifting responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. For example, if an employee is visually impaired or blind the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an individual has limited physical strength, employers must supply furniture with raised or lowered surfaces, or promisec.net purchase adapted mouses and keyboards.