veterans disability law firms Disability Law

Veterans disability law covers a variety of issues. We will fight to get you the benefits you have earned.

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

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred 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, terms and benefits of employment.

Appeal

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 with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer can guide you through the process, help determine what evidence you should submitted with your appeal, and build a strong case for your claim.

The VA appeals procedure starts with a Notice of Disagreement. It is important to make clear in your NOD on the reason you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision, but only the ones that are relevant.

You may file your NOD within one year of the date you appealed the unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a date for your hearing. You must bring your attorney to the hearing. The judge will review all of your evidence before making a final decision. A good attorney will ensure that all evidence is presented at the hearing. This includes all service records, medical records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or worsened through their military service may qualify for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file a claim and obtain the medical records they require, other documents and fill out the required forms, and track the VA’s progress.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the percentage of an evaluation or a dispute over the date at which a rating is effective. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are filed with all the required information to support every argument in a claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to changing careers when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as 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 military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This includes modifications to work duties or workplace adjustments.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, quick access to employment, self-employment, and the possibility of employment through long-term service.

Employers can ask applicants whether they need any accommodations for the selection process. For example, if they need more time to take a test or if it's acceptable to speak instead of write their answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans might think about having training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans disability Lawyers. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to get a job. To help them to find work, the Department of Labor funds EARN, a national resource for job referrals and veterans disability lawyers information. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. It also restricts the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as the condition that significantly restricts one or more major aspects of daily living, like hearing and walking, breathing, seeing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This can include changing equipment, providing training, reassigning duties to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical dexterity.