Veterans Disability Law

Veterans disability law is a vast area. We are here to assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits disability discrimination in promotions, hiring, and pay, as well as training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for veterans disability law firm Claims. The process is very complex with specific rules and procedures to be followed, and the law is ever-changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to explain why you disagree with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only those that are relevant.

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

Once the NOD is filed, you will be given a date for your hearing. It is crucial that your attorney present at the hearing together with you. The judge will review the evidence you have presented before making 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, and any C&P tests.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder that was aggravated or caused through their military service could be eligible for disability benefits. veterans disability lawyers may receive a monthly monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans in filing a claim and obtain the required medical records and other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the date of rating that is effective. Our firm will make sure that the first Statement of the Case is properly prepared and 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 that are connected to service apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian jobs or to adjust to a new career when their disabilities keep them from obtaining meaningful employment. It is also possible for disabled veterans 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their job. This includes changes in the job description or changes to the workplace.

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

Veterans with disabilities who are separated from the military could follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment and employment through long-term military service.

An employer may ask applicants if they require any special accommodations to participate in the selection process, like more time to sit for tests or to provide oral rather than written answers. The ADA doesn't allow employers to ask about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans should think about having training sessions available to all employees to raise awareness and improve understanding of veteran concerns. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to find work. To aid these veterans with their job search, the Department of Labor funds EARN an online resource that provides job referrals and information. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the major life activities, such as hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires accommodations to complete a job, an employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, providing training and shifting responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical dexterity, an employer should provide furniture with raised or lower surfaces, or veterans Disability Lawyers purchase adapted mouses and keyboards.