Veterans Disability Law

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

Congress created the VA claim process to be veteran-friendly. We make sure that your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you create a compelling argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, Vimeo it is crucial to state the reasons you don't agree with the decision. You don't have to list every reason why you disagree with, Vimeo but only those that are relevant.

The NOD can be filed within one year from the date of the adverse decision you're appealing. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. Your attorney should be present to this hearing. The judge will scrutinize all evidence presented before making a final decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. This includes any service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. These cedar hills veterans disability law firm may receive an amount of money per month according to the severity of their disability rating.

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 a claim, obtain necessary medical records and other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements on a percentage evaluation or disputes about the date of effective of an evaluation. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed if the case is referred to an appeals court.

Our lawyers can help veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to changing careers when their disabilities preclude their ability to pursue meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their job. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a national training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose between five different paths to employment. These include reemployment with same employer; rapid access to employment; self-employment; and employment through long-term care.

An employer may ask applicants whether they require any accommodations to participate in the hiring process, such as more time to take tests or permission to provide verbal answers instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans ought to consider organizing training sessions for all employees to increase awareness and increase understanding of veteran issues. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To assist these veterans get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing, working, learning and learning, etc. The ADA excludes certain ailments that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, offering training and shifting responsibilities to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, Vimeo including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must furnish furniture with raised or lower surfaces, or purchase keyboards and mouse that are made for those with limited physical strength.