Veterans Disability Law
The law governing veterans disability is a broad area. We will do our best to ensure you receive the benefits you have earned.
The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.
USERRA requires that employers offer reasonable accommodations for employees with disabilities incurred during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well other conditions, rules and privileges of employment.
Appeal
Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, guide you identify what evidence should be included in your appeal and build a strong case for your case.
The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision. Just those that are relevant.
You may file your NOD within one year of when you appealed an unfavorable ruling. You may be granted an extension if you need additional time to prepare your NOD.
After the NOD has been filed, you will be notified of an appointment for hearing. Your attorney should be present to the hearing. The judge will look over the evidence and then make a final decision. A good lawyer will ensure that all the necessary evidence is exhibited during your hearing. Included in this are medical records, service medical records, private health records and C&P tests.
Disability Benefits
Veterans suffering from a physical or mental illness that is limiting and was caused by or worsened as a result of their military service, may be qualified for disability benefits. These veterans could receive an amount of money per month based on the severity of their disability.
Our New York disability
attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist
veterans disability attorney in filing an application and obtain the medical records they require as well as other documentation, fill out required forms, and monitor the VA’s progress.
We can also assist with appeals to any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes about the date of effective of an evaluation. Our firm will ensure that the initial Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary details are filed in the event that the case is brought to an appeals court.
Our lawyers can assist veterans suffering from disabilities related to their military service when applying for vocational rehabilitation services. This program provides training, education and job skills to veterans to help them prepare for civilian employment or to adapt to a new profession when their disabilities keep them from finding meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.
Accommodation for Employers
The Americans with Disabilities Act prohibits discrimination against
veterans disability lawsuit with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their duties. This includes changes to the job description or changes to the workplace.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a nationwide job placement and training program which assists veterans with disabilities to jobs and businesses.
Veterans with disabilities who are separated from the military can follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment; self-employment; and employment through long-term care.
Employers can ask applicants whether they require any accommodations during the hiring process. For example if they require longer time to complete the test or if it is okay to speak instead of writing their answers. The ADA doesn't allow employers to ask about disability unless it's obvious.
Employers who are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and enhance understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.
Reasonable Accommodations
Many veterans suffering from disabilities related to their service experience difficult to get a job. To assist these veterans get a job, the Department of Labor supports a national job-related referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans looking for employment.
The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. It also restricts the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily life, such as hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying 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 requires 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 transferring responsibility to other positions or places in addition to acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. Employers must offer furniture with higher or lower surfaces, or purchase keyboards and mice that are adapted for people who have limited physical strength.