Write About Everything

Veterans Disability Law

The law governing veterans disability is a broad area. We work to help you get the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed, and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you create a compelling argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to explain why you disagree with the decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

The NOD must be filed within one year of the date of the adverse decision you’re appealing. If you require more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, Vimeo.Com you will receive a date for hearing. It is recommended that you bring your attorney to the hearing. The judge will review your evidence prior to making a final decision. A competent lawyer will ensure that all the necessary evidence is presented during your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused or worsened by their military service could be eligible for disability benefits. These veterans can receive a monthly monetary payment 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 the benefits to which they are entitled. We assist veterans with filing claims, obtain required medical records and other documentation, fill out necessary forms and monitor the VA’s progress on their behalf.

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

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian employment or to adjust to a new career when their disabilities keep them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

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 provide reasonable accommodations for disabled veterans do their job. This includes adjustments to job duties and modifications to work environments.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor’s Ticket to Work program. This is a nationwide training and job placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits salem veterans disability lawsuit with disabilities to select between five different paths to work. The five options include reemployment with the same employer, rapid access to employment, self-employment, and employment through long-term service.

Employers can inquire about applicants’ disabilities and whether they require any modifications for the hiring process. For instance the need for more time to take the test or if it’s okay to speak instead of write their answers. But the ADA does not allow an employer to ask about a person’s disability unless it is apparent.

Employers who are concerned about discriminatory practices against disabled veterans should think about holding training sessions for all employees to raise awareness and better understand veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to get a job. To help these veterans with their job search, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that limits one or more major life activities, such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to do their duties. This is the case unless the accommodation causes undue hardship for the contractor. This can include altering the equipment, providing training, and transferring responsibility to different positions or locations and acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. If an employee has limited physical strength, the employer must provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.