Veterans Disability Law
Veterans disability law covers a wide range of issues. We will do our best to help you get the benefits you have earned.
Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and you can track the progress of your claim.
USERRA requires employers to provide reasonable accommodations to employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other terms, conditions and privileges of employment.
Appeals
Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence you should included in your appeal and create a compelling case for your case.
The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are crucial to state why you are not happy with the decision. You don't have to include all the reasons you disagree with the decision, just those that are relevant.
The NOD can be filed within a year of the date of the unfavorable decision that you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.
Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will review your evidence and make a final decision. A good attorney will ensure that all of the required evidence is presented during your hearing. This includes all service records, private medical records and any C&P tests.
Disability Benefits
Veterans suffering from a chronic physical or mental disorder that was caused or worsened through their military service may qualify for disability benefits. These
veterans disability law firm can receive monthly monetary compensation according to their disability rating which is a percentage that indicates the severity of their problem.
Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We help veterans to file an application and obtain the medical records they require along with other documents and fill out the required forms, and track the VA’s progress.
We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements over the percentage evaluation or a dispute over the date of rating that is effective. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed if the case is referred to an appeals court.
Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment or to adapt to a new career when their disabilities hinder their ability to find work that is meaningful. 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 who have disabilities, which includes those who may have been incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid veterans disability law firms (
Discover More Here) with disabilities do their job. This could include changes to work duties or changes to the workplace.
Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide program for job placement and training that helps connect veterans with disabilities to jobs and businesses.
Veterans with disabilities who are separated from the military could follow one of five pathways to gain 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 inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance that they require more time to complete an exam or if it's okay to talk instead of write their answers. However, the ADA does not allow an employer to ask about the disability status of a candidate unless it is evident.
Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. In addition they can seek out the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical support on the ADA and other disability-related laws.
Reasonable Accommodations
Many veterans who have disabilities due to their service find it difficult to get a job. To help these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. It is funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can request about a person's medical history and prevents harassment and discrimination in response to disability. The ADA defines disability as a condition that significantly restricts one or more of the major life activities, such as hearing, sight breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).
Employers must make accommodations for disabled veterans who need them to complete their job. This is true unless the accommodation causes undue hardship for the contractor. This can include altering the equipment, offering training and transferring responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. For example the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers, electronic visual aids and talking calculators, as well as Braille devices. If an employee has limited physical dexterity, an employer must provide furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.