Veterans Disability Law

Veterans disability law is a broad field. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is well-prepared and we track the progress of your claim.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits disability discrimination in hiring, promotions, and pay and training, as well as other terms, conditions of employment, and rights.

Appeals

Many veterans disability law firm are denied disability benefits or are given low ratings that isn't adequate. 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 followed and the law is always changing. An experienced lawyer will guide you through the appeals process, help you determine what evidence you must submit in your appeal, and help you create a compelling argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are crucial to state the reasons you don't agree with the decision. You don't have to list every reason why you disagree, but only those that are pertinent.

You may file your NOD within one year of when you appealed an unfavorable decision. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be given a date for your hearing. It is essential that your attorney present at the hearing along with you. The judge will scrutinize your evidence prior to making a final decision. A good lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are service medical records, private health records and C&P tests.

Disability Benefits

veterans Disability Lawyers suffering from a mental or physical condition which is disabling and was triggered or aggravated by their military service, may be qualified for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their condition.

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

We can also help with appeals for any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disagreements over the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed when the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their jobs. This includes changes to work duties or changes to the workplace.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide 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 choose among five paths to work. This includes reemployment with the same employer, rapid access to employment; self-employment and employment through long-term care.

An employer may ask applicants whether they require any accommodations in the hiring process, for example, more time to take tests or permission to give verbal instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for all of their staff in order to increase awareness and understanding of the issues facing veterans. Additionally they can contact the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To help these veterans disability attorney to find work, the Department of Labor funds EARN, a national resource for information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also restricts the information that employers can ask about a person's health history and prevents harassment or discrimination in response to disability. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily living, such as hearing and breathing, walking, or seeing. Standing, sitting or working, learning, etc. The ADA does not cover certain conditions that are common for veterans, like post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them to do their job. This is not the case if the accommodation causes undue hardship for the contractor. This includes altering equipment, providing training, delegating duties to other jobs or facilities, as well as buying adaptive hardware or software. For instance in the event that an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. If an individual has limited physical strength, the employer should provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.