Veterans Disability Law

Veterans disability law covers a wide range of issues. We work to help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities that arise during military service or that are aggravated by military service. Title I of ADA prohibits discrimination against disabled people in promotions, hiring, and pay and training, as well as other employment terms, conditions and privileges.

Appeals

Many veterans are denied disability benefits or receive low ratings that isn't adequate. An experienced veteran benefits attorney can help you file an 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 will guide you through the appeals procedure, determine the type of evidence you need to present to support your appeal and assist you build a strong claim.

The VA appeals process begins with a Notice to Disagreement. It is important to make clear in your NOD about why you do not agree with the decision. You don't have to list every reason you don't agree with the decision. Just those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable decision. If you require additional time to prepare your NOD, a request for attorneys an extension could be granted.

After the NOD is filed, you will be notified of an appointment date. It is crucial that your attorney attend this hearing with you. The judge will review your evidence and make a decision. A competent lawyer will make sure that all the necessary evidence is provided during your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and is the result of or worsened as a result of their military service may be eligible for disability benefits. These veterans could receive an annual monetary payment dependent on the severity 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 assist veterans to file an application and get the required medical records, other documents to complete the necessary forms, and keep track of the VA’s progress.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disputes over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filled out with all of the required information to back each argument in the claim.

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 skills to prepare veterans for employment in the civilian sector or to begin changing careers when their disabilities make it difficult for them to find meaningful work. 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 who have disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities do their duties. This could include changes in work duties or workplace changes.

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 national program for job placement and business education program that assists disabled veterans find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to gain employment. The five options include reemployment with the same employer, rapid access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire whether they require any accommodations to participate in the selection process, like more time to sit for tests or to give verbal instead of written answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled olive branch veterans disability lawyer may think about organizing training sessions for their entire staff to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation 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 who have disabilities resulting from service are unable to find work. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy 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 the hiring process, promotions or benefits. The ADA also limits the information employers may inquire about a person's medical history and prohibits harassment and discrimination due to disability. The ADA defines disability as the condition that significantly restricts one or more essential activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting, working, learning and learning, etc. The ADA excludes certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their duties. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, supplying training and shifting responsibilities to other positions or places and acquiring adaptive hardware or software. For instance in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces or buy keyboards and mice that have been specifically designed for people with restricted physical dexterity.