Veterans Disability Law
Veterans disability law covers a variety of issues. We help you get the benefits to which you are entitled.
The VA claim process was designed to be user-friendly by Congress. We ensure that your application is well-prepared and you can track the progress of your case.
USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated 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, rules and privileges of employment.
Appeal
Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for
veterans Disability law firms Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the type of evidence you need to present with your appeal and help you create a compelling argument.
The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to explain why you are not happy with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.
The NoD is filed within one year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, a request for an extension could be granted.
Once the NOD has been filed, you will receive an appointment for hearing. It is crucial to have your attorney attend the hearing with you. The judge will go over the evidence and make a decision. A good attorney will ensure that all the proper evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P exams.
Disability Benefits
Veterans who suffer from a disabling physical or mental condition that was caused or aggravated through their military service could be eligible for disability benefits. These veterans could receive an annual monetary payment dependent on the severity of their disability.
Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help veterans file claims, get the necessary medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.
We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation, or disputes about the date of rating that is effective. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are prepared with all the necessary details to support every argument in a claim.
Our lawyers can help veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian jobs or to adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Accommodation for Employers
The Americans with Disabilities Act prohibits discrimination against
veterans disability lawsuits with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their duties. This could include changes in job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a national employment and business training program that helps disabled veterans find work and companies.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows
veterans disability attorneys with disabilities to choose between five different paths to gain employment. These include reemployment with same employer; fast access to employment, self-employment and the possibility of employment through long-term services.
Employers can inquire if they require any special accommodations to participate in the hiring process, for example, more time to sit for tests or permission to provide oral rather than written answers. However, the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.
Employers that are concerned about possible discriminatory practices against disabled veterans should think about organizing training sessions for all employees to raise awareness and improve understanding of veteran concerns. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations as well as technical assistance with the ADA and other laws related to disability.
Reasonable Accommodations
Many veterans suffering from disabilities related to their service find it difficult finding employment. To help these veterans with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking job opportunities.
The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, such as hearing, sight, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain ailments that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).
Employers must make accommodations for disabled veterans who require them to complete their duties. This is the case unless the accommodation creates unnecessary hardship for the contractor. This could include modifying the equipment, supplying training, and transferring responsibility to other positions or locations as well as purchasing adaptive software or hardware. For example the case of an employee who is visually impaired or blind employers must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with elevated or lower surfaces, or purchase keyboards and mice that are made for those with physical limitations.