Veterans Disability Law
Veterans disability law covers a wide variety of issues. We will help you get you the benefits you are entitled to.
Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is completed and tracked your case through the process.
USERRA requires employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other conditions, terms and benefits of employment.
Appeal
Many veterans are denied benefits, or receive an unsatisfactory 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. An experienced lawyer will guide you through the appeals process, advise you on what evidence you should submit in your appeal, and help you build a strong claim.
The VA appeals process begins with a Notice of Disagreement. It is important to be clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list every reason that you disagree, but only those that are relevant.
The NoD is filed within one year of the date of the adverse decision you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.
After the NOD has been filed, you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will review your evidence prior to making a decision. A good lawyer will ensure that all necessary evidence is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.
Disability Benefits
Veterans who suffer from a chronic mental or physical condition that was aggravated or caused by their military service may qualify for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their condition.
Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans to file an application and get the medical records they require as well as other documentation to complete the necessary forms, and monitor the progress of the VA.
We can also assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disputes over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are prepared with all the necessary information needed to support each argument in the claim.
Our lawyers can help veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector or to begin an entirely new career if their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their job. This includes modifications to job duties or changes to the workplace.
Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. It is a nationwide job-training and placement program which assists veterans with disabilities to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows
veterans disability Law firms with disabilities to select between five different paths to employment. The five options include reemployment at the same company, fast access to employment, self-employment, and employment through long-term service.
An employer may ask applicants to provide any special accommodations to participate in the hiring process, for example, more time to take an exam or the ability to give verbal instead of written answers. However, the ADA does not allow employers to inquire about a person's disability unless it is evident.
Employers who are concerned about discrimination against disabled
veterans disability lawsuit should think about organizing training sessions for all employees to increase awareness and improve understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.
Reasonable Accommodations
Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.
The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting and working, as well as learning, etc. The ADA does not cover certain conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).
Employers must offer accommodations to disabled veterans who require accommodations to complete their job. This is the case unless the accommodation causes undue hardship to the contractor. This can include altering the equipment, providing training and shifting responsibilities to other positions or places and acquiring adaptive hardware or software. For instance the case of an employee who is visually impaired or blind the employer must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice that have been adapted for people who have physical limitations.