Veterans Disability Law

veterans disability attorneys disability law is a vast area. We will work to make sure you receive the benefits that you deserve.

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

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

Appeals

Many veterans disability Lawyers are denied disability benefits or receive low ratings that should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be adhered to and the law is ever-changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence you should submitted with your appeal, and create a compelling case for your claim.

The VA appeals procedure begins with a Notice of Disagreement. It is important to make clear in your NOD as to why you disagree with the unfavorable decision. You don't need to list every reason you don't agree with the decision. Just those that are relevant.

Your NOD can be submitted within one year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be assigned a time for your hearing. You must bring your attorney to the hearing. The judge will review the evidence you have presented before making a decision. A good lawyer will make sure that all of the necessary evidence is presented during your hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or worsened by their military service may qualify for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records and other documents, fill out required forms and track the progress of the VA on their behalf.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements with an evaluation percentage or disputes regarding the effective date for the rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filled out with all of the required information to back each argument in an appeal.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to help them prepare for civilian jobs or to be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

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

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training that helps connect veterans with disabilities to jobs and businesses.

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

Employers may ask applicants whether they require any accommodations to participate in the selection process, like more time to sit for an exam or the ability to provide oral rather than written answers. The ADA doesn't allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans should think about having training sessions available to all employees to increase awareness and enhance understanding of veteran concerns. Additionally, they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find employment. To help them with their job search, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them to do their duties. This is true unless the accommodation would cause undue hardship to the contractor. This could include modifying equipment, offering training, transferring the duties to different locations or positions, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers should provide furniture with raised or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical dexterity.