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veterans disability Lawyers Disability Law

Veterans disability law is a broad area. We assist you in obtaining the benefits to which you are entitled.

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

USERRA requires that employers provide 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 based on disability in hiring, promotions and pay, as well as training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits or get low disability ratings when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine 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 need to list all the reasons why you are not happy with the decision, only the ones that are relevant.

You can file your NoD within one year from the date that you appealed the unfavorable decision. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and you have been assigned a date and time for your hearing. It is crucial that your attorney be present along with you. The judge will look over your evidence and make a decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or worsened by their military service, may be qualified for disability benefits. They may be eligible for an annual monetary payment depending on the severity of their disability rating.

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 and obtain the necessary medical records, other documents as well as fill out the required forms, and track the progress of the VA.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed in the event that the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible for 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 who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities perform their jobs. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a national training and job placement program that helps veterans disability law firms with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to gain employment. The five options include reemployment with the same employer, speedy access to employment, self-employment, and work through long-term services.

An employer can ask applicants if they require any modifications to participate in the selection process, like longer time to complete an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not permit employers to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might consider conducting training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult finding employment. To assist these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical history and prevents harassment or reprisals due to disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing, working, learning and learning, etc. The ADA excludes certain ailments that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must provide it unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, delegating the duties to different jobs or facilities, and purchasing adaptive software or hardware. For example, if an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. If an employee has limited physical dexterity, a company must supply furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.