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veterans disability compensation Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you have earned.

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied benefits, or receive an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, Veterans disability law determine the type of evidence you need to present with your appeal and help you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it's important to provide reasons why you are not happy with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision that you are appealing. If you require longer time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be given an appointment for hearing. It is important to have your attorney attend the hearing with you. The judge will scrutinize all evidence presented before making a decision. A good lawyer will ensure that all the required evidence is provided during your hearing. Included in this are any medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused or worsened by their military service could be qualified for disability benefits. These veterans may receive a monthly monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans disability lawsuit to file claims and collect the medical records they require, other documents as well as fill out the required forms, and track the VA’s progress.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements on the percentage evaluation, or disagreements regarding the effective date for 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 any additional SOCs are prepared with all the necessary information to back every argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian employment or to be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans do their jobs. This includes adjustments to job duties or workplace adjustments.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans disability lawyers find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans disability lawyer with disabilities to choose from five different routes to work. The five options include reemployment with the same employer, quick access to employment, self-employment, and employment through long-term service.

Employers may ask applicants to provide any accommodations in the selection process, like more time to sit for a test or permission to give verbal instead of written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and increase understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans get a job, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as the condition that significantly restricts one or more essential activities of daily living, like hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This includes modifying equipment, offering training, transferring tasks to other jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, a company must provide furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.