Veterans Disability Law

The law governing veterans disability law firm disability is a broad area. We work to help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities that arise during military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeals

Many veterans disability lawsuits are denied disability benefits or are given low ratings that should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with 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 skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal, and create a compelling case for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is crucial to make clear in your NOD on the reason you disagree with the unfavorable decision. You don't have to list every reason why you disagree with, but only those that are pertinent.

You can file your NOD within one year of the date you appealed against the unfavorable ruling. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. Your attorney should be present to the hearing. The judge will go over the evidence and make a final decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was caused or aggravated through their military service may qualify for disability benefits. They may be eligible for monthly monetary payments according to the severity of their disability rating.

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

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

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities hinder 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 who have disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations for disabled veterans disability lawyers [visit my web page] perform their jobs. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a nation-wide job placement and training program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to employment. This includes reemployment with the same employer; fast access to employment; self-employment; and work through long-term service.

Employers can inquire if they require any modifications to participate in the hiring process, for example, extra time to take an exam or the ability to give oral instead of written answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans must consider holding training sessions for all employees to raise awareness and enhance understanding of veterans' issues. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To assist these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information that employers can inquire about a person's medical background and also prohibits harassment and discrimination because of disability. The ADA defines disability as a condition that significantly hinders one or more important life activities, such as hearing, sight, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to other positions or places as well as 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, talk calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, a company must supply furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.