Veterans Disability Law

Veterans disability law is a broad field. We will fight to make sure you receive the benefits that you deserve.

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that arise during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to and the law is always changing. A skilled lawyer can guide you through the process, help determine what evidence should be submitted with your appeal, and help you build a strong argument for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you do not agree with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD is filed after which you will be assigned a time for your hearing. It is important to have your attorney be present along with you. The judge will review your evidence and make a final determination. An experienced attorney will ensure that all of the required evidence is presented at your hearing. Included in this are service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was caused or aggravated by their military service might qualify for disability benefits. These veterans may receive monthly monetary payments depending on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing a claim and obtain the necessary medical records as well as other documentation to complete the necessary forms, and track the progress of the VA.

We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements with an evaluation percentage or disputes regarding the effective date of an evaluation. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are prepared with all the necessary details to support every argument in an appeal.

Our lawyers can help veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian work or adapt to a new profession when their disabilities keep them from obtaining meaningful employment. naugatuck Veterans Disability attorney with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This could include changes in work duties or workplace changes.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national job-training and placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to a job. This includes reemployment with same employer; rapid access to employment, self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and disability whether they require any accommodations during the hiring process. For example, if they need longer time to complete the test or if they feel it is okay to speak instead of write their answers. But the ADA does not permit employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about possible discriminatory practices against disabled veterans should consider having training sessions available to all employees to raise awareness and enhance understanding of veteran concerns. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult finding employment. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment or discrimination based on disability. The ADA defines disability as a condition that substantially limits one or more major life activities like hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common in veterans disability lawyer, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them in order to perform their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes altering the equipment, offering training and reassigning responsibilities to other positions or places as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, a company must supply furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.