Veterans Disability Law
Veterans disability law covers a wide variety of issues. We will work to help you get the benefits you are entitled to.
Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is thoroughly prepared and track your case through the process.
USERRA requires that employers offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of ADA prohibits discrimination based on disability in promotions, hiring, and pay and also in training, as well as other employment terms, conditions, and privileges.
Appeal
Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to and the law is ever-changing. A knowledgeable lawyer can help you navigate the process, assist you to determine the right evidence to be included in your appeal and build a strong case for your claim.
The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to provide reasons the reasons you don't agree with the decision. You don't have to include all the reasons why you are not happy with the decision, just those that are relevant.
You may file your NOD within one year of when you appealed an unfavorable ruling. If you need more time to prepare your NOD, an extension can be granted.
After the NOD is submitted, you will be provided with an appointment date. It is important to have your attorney be present along with you. The judge will scrutinize the evidence you have presented before making a final decision. A good lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes all service records, medical records as well as any C&P examinations.
Disability Benefits
Veterans who suffer from a physical or mental health issue that is incapacitating and was triggered or worsened by their military service, may be qualified for disability benefits. Veterans may receive a monthly monetary payment according to the severity of their disability rating.
Our New York disability attorneys work to ensure that
veterans Disability law Firms receive all the benefits to which they are entitled. We assist
veterans disability law firm to file a claim, obtain necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.
We can also assist with appeals to any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation, or disagreements over the effective date of a rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed when the case is referred to an appeals court.
Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work or to transition to 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 to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their jobs. This includes adjustments in job duties or modifications to work environments.
Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program that helps connect disabled veterans to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to a job. This includes reemployment with the same employer; fast access to employment; self-employment; and employment through long-term services.
Employers may ask applicants if they require any modifications for the selection process. For example that they require more time to complete the test or if they feel it's okay to talk instead of write their answers. The ADA does not allow employers to inquire about disability unless it's obvious.
Employers that are concerned about possible discrimination against disabled veterans ought to consider holding training sessions for all employees to raise awareness and increase understanding of veteran concerns. They should 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 that are related to their service find it difficult to find work. To help them to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking employment.
The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment and retaliation in response to disability. The ADA defines disability as a condition that substantially hinders one or more important life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes some conditions that are common for
veterans disability lawsuit, like post-traumatic stress disorder and tinnitus. (PTSD).
If a disabled veteran requires accommodations to complete work, the employer must provide it unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, shifting duties to other jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.