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Veterans Disability Law

Veterans disability law is a vast area. We will help you help you get the benefits you have earned.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities acquired during military service or that are aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions, and pay and also in training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law is always changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you must submit to support your appeal and assist to build a strong case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it is important to provide reasons why you disagree with the decision. You don't have to list every reason that you disagree with, but only those that are relevant.

You can 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 an extension could be granted.

After the NOD is filed, you will receive a date for hearing. You must bring your attorney to the hearing. The judge will go through all of your evidence before making a final decision. A good attorney will ensure that all the proper evidence is presented at the hearing. This includes all service records, private medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was caused or worsened by their military service may be eligible for disability benefits. These veterans could receive an amount of money per month based on the severity of their disability rating.

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 claims, get the necessary medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with an evaluation percentage or disputes about the date of effective of rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information to support each argument in the claim.

Our lawyers can assist veterans suffering from disabilities resulting from their service in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities keep them from working in a meaningful way. metuchen veterans disability attorney with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations to veterans with disabilities to perform their duties. This includes adjustments to job duties and modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a national job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers may ask applicants if they require any accommodations in the hiring process. For example that they require more time to take a test or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for all of their staff to increase awareness and understanding of veteran-related issues. In addition they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To aid these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled woods cross veterans disability law firm seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them to do their job. This is not the case if the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, reassigning tasks 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, such as electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mice that are specifically designed for people with limited physical dexterity.