What Veterans Disability Lawyers Experts Want You To Learn

Veterans Disability Law

Veterans disability law is a broad field. We will do our best to make sure you receive the benefits that you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is properly prepared and track the progress of your case.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated through military service. Title I of ADA prohibits discrimination against disabled people in promotions, hiring, and pay and training, and other employment terms, conditions, and privileges.

Appeals

Many veterans disability attorneys are denied disability benefits or receive an inadequate rating that ought to be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be adhered to, and the law is always changing. A skilled lawyer can guide you through the process, guide you identify what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't agree with the decision. You don't need to list all the reasons you do not agree with the decision, just the ones that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable ruling. If you require longer time to prepare your NOD, an extension may be granted.

After the NOD has been filed after which you will be given a date for your hearing. It is important to have your attorney attend this hearing with you. The judge will look over your evidence and then make a final decision. A good lawyer will make sure that all of the necessary evidence is presented during your hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was triggered or worsened due to their military service, may be qualified for disability benefits. These veterans could receive a monthly monetary payment according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help veterans to file claims and collect the required medical records, other documents to complete the necessary forms, and track the VA’s progress.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date of a rating. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required information to support each argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans disability settlement for employment in the civilian sector or to transition to a new career when their disabilities prevent them from being able 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 (ADA) prohibits discrimination against veterans disability litigation (learn here) with disabilities, which includes those caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations for veterans disability attorneys with disabilities do their job. This includes changes to the work environment or job duties.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that assists 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 work. The five options include reemployment at the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

Employers can inquire whether they require any accommodations in the hiring process, for example, extra time to take an exam or the ability to provide oral rather than written answers. But the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to raise awareness and enhance understanding of veteran concerns. Additionally, they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help them get a job, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions and Veterans Disability Litigation benefits, as well as other terms and conditions of employment. The ADA also limits the information employers may request about a person's medical history and prohibits harassment and revenge in response to disability. The ADA defines disability as a condition that significantly hinders one or more major life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, supplying training and reassigning responsibilities to other positions or locations and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mouse that are made for Veterans Disability Litigation those with limited physical strength.