veterans disability attorney Disability Law

The law governing veterans disability is a broad area. We will do our best to ensure you receive the benefits you are entitled to.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied disability benefits or are given a low rating, which should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be adhered to, and the law is always changing. A knowledgeable lawyer can help you navigate the process, help you determine what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to make clear in your NOD about why you disagree with the unfavorable decision. You don't have to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

The NoD is submitted within one year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and you have been assigned a date for your hearing. You must bring your attorney to this hearing. The judge will look over the evidence and make a decision. An experienced attorney will ensure that all of the required evidence is presented at the hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and is the result of or worsened by their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans to file an application and obtain the required medical records and other documents as well as fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of a rating. Our firm will ensure that the initial Statement of the Case is correctly prepared and xilubbs.xclub.tw that any additional SOCs that contain all the required information are filed when the case is referred to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian jobs or to be able to adjust to a different profession when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities could also be eligible for 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 that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities do their job. This could include changes in the work environment or job duties.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to employment. These include reemployment with the same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.

An employer can ask applicants whether they require any accommodations in the hiring process, including more time to sit for tests or permission to provide oral rather than written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and better understand veteran-related issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To help these veterans, Vimeo the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more important life activities, including hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them to do their job. This is the case unless the accommodations would create unnecessary hardship for the contractor. This includes modifying equipment, providing training, transferring tasks to other jobs or facilities, and buying adaptive hardware or software. For example the case of an employee who is blind or veterans disability attorney visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. If a person is unable to exercise physical strength, employers must supply furniture with raised or lower surfaces, or purchase mouses and keyboards that are adapted to the user.