Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability lawyers Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help you identify what evidence should be included in your appeal, and build a strong case for your claim.

The VA appeals process begins with a Notice to Disagreement. In your NOD, you are important to describe why you disagree with the decision. It is not necessary to list every reason why you disagree, but only those that are pertinent.

Your NOD can be filed within one year of the date of the adverse decision you're appealing. If you require longer time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed after which you will be assigned a date for your hearing. It is crucial to have your attorney attend the hearing with you. The judge will go through all evidence presented before making a decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. This includes any service records, medical records as well as any C&P tests.

Disability Benefits

veterans disability lawyer suffering from a mental or physical health issue that is incapacitating and is the result of or aggravated by their military service, may be qualified for disability benefits. These veterans may receive an amount of money per month depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file a claim and obtain the medical records they require, other documents, fill out required forms, and veterans disability lawyers keep track of the progress of the VA.

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

Our lawyers can also assist veterans disability law firm with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to transition to a new career when their disabilities hinder their ability to find meaningful work. It is also possible for disabled veterans Disability lawyers to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a national training and job placement program that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; rapid access to employment; self-employment; and employment through long-term care.

Employers can ask applicants whether they require any modifications for the selection process. For example, if they need more time to finish the test or if they feel it is okay to speak instead of write their answers. But the ADA does not permit an employer to ask about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. Additionally they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help them to find work, the Department of Labor supports a national job search and information resource known as EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information 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 a condition that significantly limits one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their job. This is not the case if the accommodation would cause undue hardship for the contractor. This includes altering the equipment, providing training and transferring responsibilities to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mice specially designed for those with physical limitations.