Veterans Disability Law

veterans disability lawyer disability law is a broad area. We will help you get the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for Veterans Disability Lawyers. We make sure that your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must provide reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions, and pay and also in training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD as to why you are not happy with the decision. You don't have to list every reason you don't agree with the decision. Just those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD has been filed and you have been given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize all evidence presented before making a decision. A good lawyer will ensure that all of the necessary evidence is provided during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and is the result of or aggravated by their military service, could be eligible for disability benefits. These veterans may receive a monthly monetary payment based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans to file claims and collect the necessary medical records along with other documents and fill out the required forms, and monitor the progress of the VA.

We can also assist in appeals of any VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date for 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 details are filed if a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or adjust to a new career when their disabilities prevent them from obtaining 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their job. This includes adjustments to job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a national employment and business training program that helps disabled veterans find employment and businesses.

Veterans with disabilities who are separated from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; fast access to employment; self-employment; and work through long-term service.

Employers can inquire to provide any special accommodations to participate in the selection process, like more time to take a test or permission to provide oral rather than written answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may want to consider having training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. In addition, they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find work. To assist these veterans with their job search, the Department of Labor supports a national job referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. It also limits the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting and working, as well as learning and more. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their duties. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, offering training, reassigning duties to other locations or positions, and purchasing 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, speaking calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical strength.