Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We ensure that your application is properly prepared and we track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of ADA prohibits discrimination against disabled people in the hiring process, promotions and pay, as well as training, and other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer can guide you through the process, guide you identify what evidence should be included in your appeal, and create a compelling case for your claim.

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. It is not necessary to list all the reasons you disagree with the decision, just the ones that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you're appealing. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be notified of a date for hearing. You must bring your attorney to this hearing. The judge will scrutinize all of your evidence before making a final decision. A good attorney will ensure that all of the required evidence is presented at the hearing. Included in this are medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was caused or worsened through their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating, which is a percentage that shows the severity of their illness.

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

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

Our lawyers can also assist pocatello veterans disability law firm with disabilities that are connected to service apply for vocational rehabilitation servieek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To help them to find work, the Department of Labor funds EARN, a national resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. It also restricts the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as conditions that severely limit one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing or working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their job. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes modifying the equipment, providing training and transferring responsibilities to other positions or places and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must offer furniture with raised or lower surfaces, or purchase keyboards and mice that have been specifically designed for people with physical limitations.