Veterans Disability Law

Veterans disability law covers a variety of issues. We will assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is well-prepared and we track the progress of your claim.

USERRA requires that employers provide 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 the basis of disability in hiring promotions or pay, as well as training, and other terms, conditions and privileges of employment.

Appeal

Many Bayonne veterans disability law firm (Vimeo.com) are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on what evidence you must submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are crucial to state your reasons for disagreeing with the decision. You don't need to list every reason you don't agree with the decision, but only the ones that are relevant.

Your NOD can be filed within a year of the date of the adverse decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will be given a date for hearing. Your attorney should be present to this hearing. The judge will look over the evidence and make a decision. A good attorney will make sure that all of the required evidence is presented during your hearing. This includes all service records, medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder that was caused or worsened through their military service could be eligible for disability benefits. These veterans may receive an amount of money per month depending on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We help veterans to file a claim and obtain the medical records they require as well as other documentation as well as fill out the required forms, and keep track of the VA’s progress.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements over the percentage evaluation, or disagreements about the date of effective of a rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant information are filed when the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program is desbe interested in having training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. Additionally, they can contact the Job Accommodation Network, a free consulting service that provides customized workplace accommodations as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult to find employment. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

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 employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that limits one or more essential life activities, like hearing, seeing, walking, breathing, sitting, standing, learning and working. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to do their job. This is the case unless the accommodations would create unnecessary hardship to the contractor. This could include modifying the equipment, supplying training and shifting responsibilities to other positions or places in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must furnish furniture with elevated or lower surfaces or purchase keyboards and mice adapted for people who have limited physical dexterity.