Veterans Disability Law

Veterans disability law is a broad area. We assist you in obtaining the benefits to which you are entitled.

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated through military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay and also in training, and other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit for your appeal, and assist you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it's crucial to state why you are not happy with the decision. You do not have to list every reason that you disagree with, but only those that are relevant.

Your NOD can be filed within a year of the date of the unfavorable decision you're appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a date and time for your hearing. It is crucial to have your attorney be present together with you. The judge will review all evidence presented before making a decision. A good lawyer will ensure that all the necessary evidence is exhibited during your hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

spring grove veterans disability law firm who suffer from a disabling mental or physical condition that was caused or worsened by their military service may be eligible for disability benefits. They can receive a monthly monetary payment according to their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records and other documents, fill out required forms and track the progress of the VA on their behalf.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements over the percentage evaluation, or disputes about the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that additional SOCs are filled out with all of the required information needed to support each argument in a claim.

Our lawyers can help veterans with disabilities related to their service to apply for vocational rehabilitation services. This p Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To assist these veterans to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, such as hearing, sight breathing, walking standing, sitting, learning, and working. The ADA excludes some conditions that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must provide it, unless it causes undue hardship on the contractor's business. This includes modifying equipment, providing training, reassigning duties to other positions or facilities, and buying adaptive hardware or software. For example the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice that have been specifically designed for people with limited physical dexterity.