Veterans Disability Law

Veterans disability law covers a range of issues. We will do our best to 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 well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. An experienced 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 that must be adhered to and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, veterans disability Lawyer and build a strong case for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it is crucial to state why you are not happy with the decision. You don't have to list every reason you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the adverse decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed after which you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will examine the evidence and then make a final decision. A good lawyer will ensure that all of the necessary evidence is exhibited during your hearing. This includes any service records, medical records as well as any C&P exams.

Disability Benefits

Veterans suffering from a chronic physical or mental condition which was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for an amount of money per month dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file an application and obtain the necessary medical records as well as other documentation to complete the necessary forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage, or disputes about the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant information are filed if an appeals court is involved. an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to help them prepare for civilian employment or to be able to adjust to a different profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their job. This includes changes to job duties and changes to the workplace.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that assists disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to work. These include 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 to participate in the hiring process, including extra time to take tests or to give oral instead of written answers. But the ADA does not permit an employer to inquire about a person's disability in the absence of evidence.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider organizing training sessions for all employees to increase awareness and increase understanding of veteran concerns. In addition, they can seek out the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult to find work. To assist them with their job search, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans disability lawsuit seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as the condition that significantly restricts one or more major activities of daily living, such as hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain ailments that are common among Veterans Disability lawyer, such as hearing loss and post-traumatic stress disorders (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 the equipment, supplying training and reassigning responsibilities to different positions or locations as well as purchasing adaptive hardware or software. For instance the case of an employee who is blind or visually impaired employers must purchase adaptive software and equipment for computers electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical strength, the employer must provide furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.