What Is Veterans Disability Lawyers To Use It

Veterans Disability Law

The law governing veterans disability is a broad area. We will do our best to get you the benefits you have earned.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred during military service, 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 terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to and the law is constantly changing. A skilled lawyer can help you navigate the process, assist you to determine what evidence you should included in your appeal and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to describe why you disagree with the decision. It is not necessary to list every reason you disagree, but only those that are pertinent.

The NOD can be filed within a year of the date of the adverse decision that you are appealing. If you require additional time to prepare your NOD, an extension can be granted.

After the NOD is filed, you will be given a date for hearing. You should bring your attorney to this hearing. The judge will review all evidence presented before making a final decision. A good attorney will ensure that all of the required evidence is presented 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 mental or physical condition which is disabling and is the result of or aggravated by their military service could be eligible for disability benefits. These veterans may receive an annual monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans file claims, obtain required medical records as well as other documents, fill out required forms and track the progress of the VA on their behalf.

We also can assist with appeals of VA decision, including denials of benefits, disagreements over the percentage evaluation or disagreements over the effective date of rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed when the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian work or to begin the new job market if their disabilities prevent them from being able to find work that is meaningful. It is also possible for disabled veterans disability law firms 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 with disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their job. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide job placement and business training program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different routes to a job. The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance that they require more time to finish a test or if it's okay to speak instead of writing their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability law firm who have disabilities due to their service find it difficult finding employment. To help them to find work, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers can inquire about a person's medical history and prevents harassment and discrimination due to disability. The ADA defines disability as an illness that severely limits one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform work, the employer must offer it unless it creates a hardship on the contractor's business. This includes altering the equipment, providing training and reassigning responsibilities to different positions or locations as well as purchasing adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers must provide furniture with raised or lower surfaces or buy keyboards and mouse that are adapted for people who have physical limitations.