Why Veterans Disability Lawyers Is Everywhere This Year

Veterans Disability Law

Veterans disability law is a broad field. We help you get the benefits to which you are entitled.

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

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability attorneys Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, you are crucial to state why you disagree with the decision. You don't have to include all the reasons why you are not happy with the decision, but only those that are relevant.

The NoD is filed within one year from the date of the unfavorable decision that you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will receive a date for hearing. Your attorney should be present to the hearing. The judge will review the evidence and make a decision. A competent lawyer will make sure that all the required evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was caused by or aggravated by their military service, may be eligible for disability benefits. These veterans could receive an amount of money per month according to the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help veterans to file an application and get the necessary medical records as well as other documentation as well as fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date of an evaluation. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, veterans and that the additional SOCs are filled out with all of the required details to support each argument in an appeal.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities keep them from obtaining meaningful employment. 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 caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their duties. This includes changes in job duties or changes to the workplace.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to gain employment. These include reemployment with same employer; rapid access to employment; self-employment and employment through long-term services.

Employers can inquire to provide any accommodations to participate in the hiring process, including more time to sit for a test or permission to give verbal instead of written answers. But the ADA does not permit an employer to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans may be interested in holding training sessions for their entire employees to increase awareness and understanding of veteran-related issues. In addition they can reach out to the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to get a job. To assist these veterans, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more essential life activities, including hearing, seeing, walking, breathing, sitting, standing, learning and working. The ADA excludes certain ailments that are common in veterans disability lawyers, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for veterans disabled veterans who require them to complete their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This includes altering equipment, offering training, shifting tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. For example in the event that an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with raised or lower surfaces or buy keyboards and mice that have been made for those with restricted physical dexterity.