Veterans Disability Law
Veterans disability law covers a variety of issues. We are here to assist you in obtaining the benefits to which you are entitled.
The VA claim process was developed to be user-friendly by Congress. We ensure that your application is completed and tracked your case through the process.
USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well other conditions, terms and privileges of employment.
Appeals
Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed, and the law is ever-changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help you prepare a convincing argument.
The VA appeals process begins with a Notice to Disagreement. In your NOD, it’s important to explain the reasons you don’t agree with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.
You may file your NOD within one year from the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, a request for an extension could be granted.
Once the NOD has been filed after which you will be assigned a date and time for your hearing. You must bring your attorney to this hearing. The judge will go over your evidence and then make a final decision. A good attorney will ensure that all the evidence needed is presented at your hearing. This includes any service records, medical records and C&P exams.
Disability Benefits
Veterans who suffer from a chronic physical or mental condition that was caused or worsened by their military service might qualify for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating which is a percentage that demonstrates the severity of their condition.
Our New York disability lawyers work to ensure that veterans receive the full benefits they’re entitled to. We assist veterans to file an application and get the medical records they require and other documents as well as fill out the required forms, and keep track of the progress of the VA.
We can also assist with appeals to any VA decisions, including denials of benefits, disagreements on the percentage evaluation or disagreements over the effective date of a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that the additional SOCs are submitted with all the necessary information needed to support every argument in an appeal.
Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to begin the new job market if their disabilities preclude their ability to find a job 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 prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This includes changes in job duties or workplace modifications.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans disability law firms looking to find work. This is a nationwide job placement and business training program that assists disabled Veterans disability lawyers find employment and companies.
Veterans with disabilities who are separated from the military can follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; fast access to employment; self-employment and work through long-term service.
Employers can ask applicants whether they require any accommodations in the selection process. For example the need for more time to finish the test or if they feel it is okay to speak instead of write their answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate unless the disability is obvious.
Employers that are concerned about discriminatory practices against disabled veterans ought to consider holding training sessions for all employees to raise awareness and improve understanding of veteran concerns. 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 that are related to their military experience have difficult to find employment. To assist these veterans get a job, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for employment.
The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, such as hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain ailments that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).
Employers must provide accommodations to disabled veterans who require them to do their duties. This is not the case if the accommodation causes undue hardship to the contractor. This includes altering equipment, providing training, reassigning duties to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mice that are adapted for people who have limited physical dexterity.