The Most Successful Veterans Disability Lawyers Gurus Are Doing 3 Things

Veterans Disability Law

The law governing veterans disability is a broad field. We will work to ensure you receive the benefits you have earned.

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied benefits or get a low disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to, and the law changes constantly. A knowledgeable lawyer can guide you through the process, guide you determine what evidence you should included in your appeal, and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to make clear in your NOD as to why you disagree with the unfavorable decision. You don't have to include all the reasons why you are not happy with the decision, only those that are relevant.

The NoD is filed within one year from the date of the adverse decision that you are appealing. You may be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is crucial that your attorney attend this hearing with you. The judge will scrutinize all evidence presented before making a decision. A good attorney will ensure that all the evidence needed is presented at your hearing. This includes any service records, private medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused by or aggravated by their military service, could be qualified for disability benefits. These veterans may receive monthly monetary compensation according to 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 disability law Firms in filing an application and get the medical records they require along with other documents, fill out required forms, and monitor the VA’s progress.

We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation, or disputes about the effective date of rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program provides education, training and job-related skills to 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. Veterans with disabilities may also be eligible to receive 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, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their jobs. 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 lawyers interested in finding work. This is a national employment and business training program that helps veterans with disabilities find jobs and companies.

Veterans with disabilities who have been removed from the military can choose one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term service.

Employers can inquire to provide any accommodations to participate in the selection process, like more time to take an exam or the ability to give verbal instead of written answers. But the ADA does not permit an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about possible discrimination against disabled veterans should think about organizing training sessions for all employees to raise awareness and better understand veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult finding employment. To assist these veterans with their job search, the Department of Labor supports a national job search 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 with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. It also limits the medical information employers may request and prohibits 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, including hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include changing equipment, offering training, transferring duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with limited physical dexterity.