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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you ensure you receive the benefits you deserve.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your case.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and also in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits, or receive low disability ratings when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be followed and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit in your appeal, and help you build a strong claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is important to make clear in your NOD of the reasons you are not happy with the decision. You don’t have to list all the reasons why you are not happy with the decision, just the ones that are relevant.

Your NOD can be filed within one year from the date of the unfavorable decision you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be assigned a time for your hearing. It is essential that your attorney attend the hearing together with you. The judge will go over your evidence and then make a final decision. A good attorney will ensure that all the proper evidence is presented at the hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and is the result of or worsened as a result of their military service could be qualified for disability benefits. These veterans can receive monthly monetary compensation based on their disability rating, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans in filing a claim and obtain the necessary medical records as well as other documentation, fill out required forms, and monitor the VA’s progress.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disputes over the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary 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 is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or to begin an entirely new career if their disabilities hinder their ability to find a job that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to veterans with disabilities to perform their job. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are interested in a job may want to contact the Department of Labor’s Ticket to Work program. This is a nationwide job-training and placement program that assists veterans 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 employment. This includes reemployment with same employer; rapid access to employment; self-employment and work through long-term service.

Employers can inquire about applicants’ disabilities and whether they require any modifications for the hiring process. For example that they require more time to complete the test or if they feel it’s okay to talk instead of write their answers. The ADA doesn’t allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled lancaster veterans disability law firm might think about organizing training sessions for all of their employees to increase awareness and understanding of veteran issues. In addition, they can reach out to the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to get a job. To help them, 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 free 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 basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily life, such as hearing and breathing, walking, or seeing. Sitting, standing, working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, such as post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must provide it unless it creates a hardship on the contractor’s business. This includes altering the equipment, offering training and shifting responsibilities to different locations or positions as well as purchasing adaptive hardware or software. For example when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. If an employee has limited physical dexterity, a company must provide furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.