Veterans Disability Law
Veterans disability law is a broad area. We will help you help you get the benefits you have earned.
The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is thoroughly prepared and track your case through the process.
USERRA obliges employers to offer reasonable accommodations for employees with disabilities acquired during military service or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay as well as in training, and other employment terms, conditions, and privileges.
Appeals
Many veterans are denied disability benefits or are given a low rating that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be adhered to and the law is constantly changing. An experienced lawyer can help you navigate the process, guide you identify what evidence should be included in your appeal, and help you build a strong argument for your case.
The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, you are crucial to state your reasons for disagreeing with the decision. You don’t have to list all the reasons you disagree with the decision, only those that are relevant.
You can file your NOD within one year of the date that you appealed the unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.
Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will look over your evidence prior to making a decision. A competent lawyer will ensure that all of the necessary evidence is exhibited during your hearing. Included in this are any medical records, service records, private health records and C&P exams.
Disability Benefits
Veterans suffering from a chronic physical or mental disorder which was caused or aggravated by their military service might be eligible for disability benefits. They may be eligible for monthly monetary payments depending on the severity of their disability.
Our New York disability lawyers work to ensure that veterans receive all benefits to which they’re entitled. We assist veterans to file claims, get the necessary medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.
We can also assist in appeals of any VA decisions, including denials of benefits, disagreements on the percentage evaluation or disagreements regarding the effective date of the rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are submitted with all the necessary information needed to support each argument in an appeal.
Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian work or be able to adjust to a different profession 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 vimeo aggravated during military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This includes changes in job duties or workplace modifications.
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 which assists disabled veterans to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose between five different paths to a job. This includes reemployment with the same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.
Employers may ask applicants if they need any accommodations for the selection process. For example if they require more time to finish an exam or if it is okay to speak instead of write their answers. But the ADA does not permit an employer to inquire about a person’s disability status unless the disability is obvious.
Employers who are concerned about discrimination against disabled veterans disability lawyer might want to consider holding training sessions for all of their employees to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.
Reasonable Accommodations
Many veterans who have disabilities resulting from service are unable to find employment. To assist them to find work, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.
The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. It also restricts the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as an illness that severely limits one or more major aspects of daily living, including hearing and breathing, walking, or seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).
If a disabled veteran needs an accommodation to perform work, Vimeo the employer must provide it, unless it would impose undue hardship on the contractor’s business. This could include modifying the equipment, Vimeo supplying training, and transferring responsibility to different positions or locations as well as purchasing adaptive hardware or software. For instance the case of an employee who is blind or visually impaired the employer has to purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mice specifically designed for people with physical limitations.