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Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is completed and tracked your case through the process.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions, pay, training and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be adhered to and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD on the reason you disagree with the unfavorable decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you're appealing. If you need more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed after which you will be given a date for your hearing. You must bring your attorney to this hearing. The judge will examine the evidence and make a final decision. A competent lawyer will make sure that all of the necessary evidence is provided during your hearing. This includes all service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and was caused or worsened as a result of their military service may be qualified for disability benefits. Veterans may receive a monthly monetary payment according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans to file claims, get the necessary medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or a dispute over the effective date of rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are filed with all the required details to support every argument in a claim.

Our lawyers can help veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian employment or be able to adjust to a different profession when their disabilities keep them from finding meaningful work. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This could include changes in job duties or modifications to work environments.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national training and job placement program that assists veterans with disabilities to jobs and businesses.

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

Employers can inquire for any accommodations in the hiring process, including more time to sit for an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not allow 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 might think about holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and firm 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 assist them get a job, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled vernon veterans disability lawyer who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers may ask about a person's health history and prevents harassment or reprisals in response to disability. The ADA defines disability as a condition that restricts one or more of the major life activities like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain ailments that are common among victorville veterans disability law firm, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, offering training, reassigning duties to other positions or facilities, and acquiring adaptive hardware or software. For example when an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, and Firm Braille devices. If a person has limited physical dexterity, a company must provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.