Veterans Disability Law

The law governing veterans disability is a broad area. We will help you ensure you receive the benefits you deserve.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is completed and tracked your case through the process.

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

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be followed and the law changes constantly. An experienced lawyer can help you navigate the process, assist you to determine what evidence you should submitted with your appeal, and build a strong case for your case.

The VA appeals process begins with a Notice to Disagreement. It is essential to state clearly in your NOD of the reasons you disagree with the unfavorable decision. You do not have to list every reason why you disagree with, but only those that are relevant.

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

Once the NOD has been filed, you will be given a date for hearing. Your attorney should be present to this hearing. The judge will review the evidence you have presented before making a final decision. A good attorney will make sure that all evidence is presented at the hearing. Included in this are service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was aggravated or caused through their military service could be eligible for disability benefits. These veterans disability lawyers may receive monthly monetary compensation according to their disability rating, which is a percentage that shows 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 in filing an application and get the necessary medical records, other documents to complete the necessary forms, and track the progress of the VA.

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

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to transition to changing careers when their disabilities preclude their ability to pursue meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

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 aid veterans disability lawyer (Escortexxx.ca) with disabilities perform their duties. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a national job placement and business training program that helps disabled veterans find employment and companies.

Veterans with disabilities who are leaving from the military could follow one of five tracks to gain 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.

Employers may ask applicants to provide any special accommodations to participate in the hiring process, including more time to sit for an exam or the ability to provide verbal answers instead of written answers. But the ADA does not allow employers to inquire about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans must consider organizing training sessions for all employees to increase awareness and increase understanding of veteran concerns. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult finding employment. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment and revenge in response to disability. The ADA defines disability as a condition that hinders one or more major life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations in order to perform their job. This is the case unless the accommodation creates unnecessary hardship to the contractor. This could include modifying equipment, offering training, reassigning tasks to other locations or positions, and acquiring adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an individual has limited physical strength, employers should provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.