All The Details Of Veterans Disability Lawyers Dos And Don ts

Veterans Disability Law

The law governing veterans disability is a vast area. We will work to ensure you receive the benefits you deserve.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and follow 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 made worse by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay and training, and other terms, conditions of employment and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating, which should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures to be followed and the law is ever-changing. A knowledgeable lawyer can help you navigate the process, help determine the right evidence to be submitted with your appeal, and create a compelling case for your claim.

The VA appeals procedure begins with a Notice to Disagreement. It is crucial to make clear in your NOD as to why you disagree with the unfavorable decision. You do not have to list every reason why you disagree with, but only those that are pertinent.

You can file your NOD within one year of when you appealed an unfavorable ruling. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a time for your hearing. It is important to have your attorney attend the hearing along with you. The judge will go over your evidence and then make a final decision. A good attorney will make sure that all of the required evidence is presented during your hearing. Included in this are any medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental illness that was caused or aggravated by their military service might qualify for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing claims, obtain required medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or disagreements 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 the additional SOCs are filed with all the required details to support each argument in the claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian work or learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities may be eligible for 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 that may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to veterans with disabilities to perform their job. This could include changes 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 interested in employment. This is a nation-wide job placement and training program that helps connect disabled veterans disability law firm to jobs and businesses.

Veterans with disabilities who have been removed from the military can follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For instance that they require longer time to complete the test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for their entire employees to increase awareness and understanding of veteran-related issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To help these veterans with their job search, the Department of Labor supports a national job referral and information resource known as 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 (ADA) prohibits discrimination on basis of a disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers may request about a person's medical history and prohibits harassment and revenge based on disability. The ADA defines disability as a condition that restricts one or more major life activities, including hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their duties. This is the case unless the accommodation creates unnecessary hardship for the contractor. This could include modifying equipment, providing training, delegating the duties to different positions or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. If an individual has limited physical strength, employers must provide furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.