Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to help you get the benefits you are entitled to.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is properly prepared and track the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay and also in training, and other employment terms, conditions, and privileges.

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A lawyer for veterans disability attorney benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help to build a strong case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to be clear in your NOD about why you disagree with the unfavorable decision. You don’t have to list all the reasons you do not agree with the decision, only the ones that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you are appealing. If you require additional time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will receive a date for hearing. It is recommended that you bring your attorney to this hearing. The judge will review the evidence and make a final determination. A competent attorney will make sure that all evidence is presented at your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans suffering from a crippling mental or physical condition that was caused or aggravated by their military service might qualify for disability benefits. They may be eligible for monthly monetary payments based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they’re entitled to. We help veterans to file claims and collect the necessary medical records, other documents, fill out required forms, and track the VA’s progress.

We also can assist with appeals of VA decision, including denials of benefits, disagreements regarding a percentage evaluation or disputes about the date of effective of the rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are submitted with all the necessary information to back each argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program offers training, education and job-related skills for 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 obtaining meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their job. This could include changes in the work environment or job duties.

Disabled veterans interested in employment may want to inquire with the Department of Labor’s Ticket to Work program. This is a nation-wide program for job placement and training that helps connect disabled veterans to jobs and businesses.

veterans disability lawyers with disabilities who are separating from the military can follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment, and employment through long-term military service.

Employers can ask applicants whether they require any accommodations in the hiring process. For instance if they require more time to take the test or if they feel it’s okay to talk instead of write their answers. The ADA doesn’t allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their staff in order to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To help them to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may request about a person’s medical history and prevents harassment and reprisals due to disability. The ADA defines disability as a condition that significantly hinders one or more major life activities including hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform work, the employer must provide it unless it creates a hardship on the contractor’s business. This includes modifying the equipment, offering training and transferring responsibilities to other positions or places as well as purchasing adaptive hardware or software. For example the case of an employee who 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 dexterity, an employer must supply furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.

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