Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you ensure you receive the benefits you have earned.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is properly prepared and we 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 disability discrimination in promotions, hiring, and pay and training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures to be followed, and the law changes constantly. A skilled lawyer will guide you through the appeals procedure, determine the evidence you need to submit for your appeal, and assist to build a strong case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to make clear in your NOD on the reason you do not agree with the decision. It is not necessary to list all the reasons you do not agree with the decision, just those that are relevant.

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

Once the NOD has been filed and the NOD is filed, you will be assigned a date and time for your hearing. It is important to have your attorney attend this hearing with you. The judge will look over your evidence and then make a final decision. A good attorney will make sure that all the proper evidence is presented during your hearing. This includes all service records, medical records, and any C&P examinations.

Disability Benefits

veterans disability lawsuit suffering from a physical or mental condition which is disabling and was caused or worsened by their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We help veterans to file an application and get the medical records they require as well as other documentation to complete the necessary forms, and track the progress of the VA.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disputes over the effective date of rating. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are prepared with all the necessary details to support every argument in an appeal.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian employment or to begin an entirely new career if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their job. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a national job-placement and business-training program that assists disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose between five different paths to work. These include reemployment with the same employer; fast access to employment; self-employment and employment through long-term care.

Employers can inquire for any accommodations to participate in the hiring process, such as more time to take an exam or the ability to provide verbal answers instead of written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider holding training sessions for Veterans Disability lawyers all employees to raise awareness and increase understanding of veteran issues. In addition, they can reach out to 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 Disability Lawyers suffering from disabilities related to their military experience have difficult finding employment. To help these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. It also restricts the medical information employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more major aspects of daily living, including hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and more. The ADA excludes certain ailments that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must accommodate it unless it causes undue hardship on the contractor's business. This can include altering the equipment, supplying training, and transferring responsibility to different positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or buy keyboards and mouse that are made for those with limited physical strength.