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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you help you get the benefits you are entitled to.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating 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 regulations to follow, and laws are constantly changing. An experienced lawyer can help you navigate the process, assist you to determine what evidence should be included in your appeal, and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to explain your reasons for disagreeing with the decision. You do not have to list every reason why you disagree with, but only those that are pertinent.

The NOD must be filed within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will receive a date for hearing. You should bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a final decision. An experienced attorney will ensure that all of the required evidence is presented at your hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was caused by or worsened due to their military service could be qualified 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 attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing claims, get the necessary medical records as well as other documents, fill out required forms and track the VA’s progress on their behalf.

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

Our lawyers can assist veterans suffering from disabilities resulting from their service in applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or to adjust to a new career when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This includes modifications to job duties and workplace adjustments.

Disabled upland veterans disability law firm interested in a job may want to contact the Department of Labor’s Ticket to Work program. This is a nationwide program for job placement and business education program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who are separating from the military can follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; fast access to employment; self-employment and employment through long-term services.

Employers can ask applicants whether they require any modifications for the hiring process. For example, if they need more time to finish the test or if it is okay to speak instead of writing their answers. But the ADA does not permit an employer to ask about a person’s disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their employees to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find employment. To help them to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled montgomery veterans disability lawyer looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person’s medical history and prevents harassment and reprisals based on disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning and more. The ADA excludes certain ailments that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to do their job. This is the case unless the accommodation causes undue hardship to the contractor. This could include modifying equipment, providing training, transferring tasks to other locations or positions, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mice that are specifically designed for people with restricted physical dexterity.