Veterans Disability Law

Veterans disability law covers a range of issues. We will work to get you the benefits you deserve.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is completed and tracked your case through the process.

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

Appeal

Many veterans are denied disability benefits or are given a low rating, which should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be adhered to, and the law is always changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit in your appeal, and help to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are crucial to state your reasons for veterans disability lawyers disagreeing with the decision. You don't need to list every reason you don't agree with the decision, but only the ones that are relevant.

The NoD is submitted within one year of the date of the adverse decision you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

After the NOD has been filed after which you will be assigned a date and time for your hearing. It is crucial to have your attorney present at the hearing along with you. The judge will review all evidence presented before making a final decision. A competent lawyer will make sure that all the required evidence is presented at your hearing. This includes any service records, medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder that was caused or aggravated through their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans with filing claims, get the necessary medical records and other documents, veterans disability lawyers fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over the percentage evaluation or disputes over the date of rating that is effective. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary details are filed in the event that an appeals court is involved. an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for employment in the civilian sector or to transition to a new career when their disabilities make it difficult for them to find work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their duties. This includes modifications to work duties or modifications to work environments.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program which assists veterans disability lawyers with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities 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.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For instance, if they need more time to complete the test or if they feel it's okay to speak instead of writing their answers. The ADA does not permit employers to ask about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might think about organizing training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find employment. To help these veterans with their job search, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more essential activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying and more. The ADA does not cover certain conditions that are common for veterans disability law firms, like the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform work, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to different positions or locations and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice specially designed for those with limited physical dexterity.