Veterans Disability Law

veterans disability (Check This Out) law covers a wide variety of issues. We will help you ensure you receive the benefits you deserve.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is properly prepared and track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities that arise during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay and also in training, and other terms, conditions of employment and rights.

Appeals

Many veterans are denied disability benefits or veterans disability receive an inadequate rating that ought to be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law is constantly changing. A knowledgeable lawyer can guide you through the process, assist you to determine what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you do not agree with the decision. You don't have to include every reason you don't agree with the decision, but only the ones that are relevant.

You are able to file your NOD within one year of the date you appealed against the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed and you have been given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will examine your evidence and make a decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was triggered or worsened as a result of their military service, may be qualified for disability benefits. They may be eligible for a monthly monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans in filing a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation, or disputes about the date at which a rating is effective. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that additional SOCs are prepared with all the necessary details to support each argument in the claim.

Our lawyers can assist veterans disability law firms suffering from disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to begin an entirely new career if their disabilities hinder their ability to find a job 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.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their job. This includes changes to work duties or workplace changes.

Disabled veterans looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military could follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers can ask applicants whether they require any modifications for the hiring process. For example the need for more time to take a test or if it's okay to speak instead of writing their answers. But the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about possible discrimination against disabled veterans disability lawyer should think about having training sessions available to all employees to raise awareness and better understand veterans' issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to find work. To help them with their job search, 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 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 based upon disability in hiring, promotions, and benefits. The ADA also limits the information that employers can request regarding a person's medical history and prevents harassment and retaliation due to disability. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily life, such as hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to complete their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, offering training, delegating the duties to different locations or positions, and purchasing adaptive software or hardware. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice that are adapted for people who have restricted physical dexterity.