Veterans Disability Law

Veterans disability law is a vast area. We will help you get you the benefits you deserve.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or receive a low disability rating when it 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 many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, assist you to determine the right evidence to be included in your appeal, and create a compelling case for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to provide reasons why you disagree with the decision. You don't have to include all the reasons you disagree with the decision, only those that are relevant.

You can file your NoD within one year from 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 is filed, you will receive the date for your hearing. It is crucial that your attorney present at the hearing along with you. The judge will go over the evidence and then make a final decision. A competent lawyer will make sure that all the required evidence is provided during your hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental condition that was caused or worsened through their military service could qualify for disability benefits. They can receive monthly monetary compensation dependent on their disability score, which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage, or disputes about the date of effective rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are filled out with all of the required information needed to support every argument in the claim.

Our lawyers can help green tree veterans disability lawsuit with disabilities that are related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to begin an entirely new career if their disabilities preclude their ability to pursue meaningful employment. eagan veterans Disability attorney with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to perform their job. This includes changes to job duties or modifications to work environments.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose between five different paths to a job. This includes reemployment with the same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they need any accommodations for the selection process. For example if they require more time to finish the 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 status unless it is evident.

Employers that are concerned about possible discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and improve understanding of veterans' issues. In addition, they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To help them to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the important life activities, including hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require them in order to perform their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, providing training and transferring responsibilities to other positions or places as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with physical limitations.