Veterans Disability Law

veterans disability attorney disability law covers a wide range of issues. We will help you help you get the benefits you deserve.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well other conditions, terms and benefits of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are crucial to state why you are not happy with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will receive a date for hearing. It is recommended that you bring your attorney to the hearing. The judge will go over the evidence and then make a final decision. A competent attorney will make sure that all the proper evidence is presented during your hearing. Included in this are service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a chronic physical or mental disorder that was caused or worsened through their military service may qualify for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating, which is a percentage that indicates the severity of their problem.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We help veterans file 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 help with appeals for any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or a dispute over the date at which a rating is effective. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are submitted with all the necessary information to back every argument in a claim.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian employment or to transition to an entirely new career if their disabilities make it difficult for them to pursue meaningful employment. Veterans Disability Lawyers with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans do their duties. This includes changes to the work environment or job duties.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that assists veterans with disabilities to jobs and businesses.

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

Employers can ask applicants whether they require any accommodations in the selection process. For example the need for more time to take a test or if it's okay to speak instead of write their answers. However, the ADA does not allow an employer to ask about a person's disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help them with their job search, the Department of Labor supports a national job search and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily life, such as hearing and seeing, walking, breathing. Standing, sitting or working, learning, etc. The ADA does not cover certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it, unless it creates a hardship on the contractor's business. This can include changing equipment, providing training, reassigning the duties to different jobs or facilities, as well as buying adaptive hardware or software. For example when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an individual has limited physical strength, employers must supply furniture with raised or lowered surfaces or purchase specially designed keyboards and mice.