Veterans Disability Law

The law governing veterans disability is a broad field. We will work to help you get the benefits you are entitled to.

Congress designed 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 obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well as training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A lawyer for poteau veterans disability lawsuit benefits can help you appeal to the Court of Appeals for pigeon forge veterans disability lawsuit Claims. The process is complicated with specific rules and procedures to be adhered to and the law is constantly changing. A skilled lawyer will guide you through the appeals process, help you determine the evidence you need to submit for your appeal, and assist you prepare a convincing argument.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it is crucial to state the reasons you don't agree with the decision. You don't have to include all the reasons you disagree with the decision. Just the ones that are relevant.

Your NOD can be filed within one year from the date of the adverse decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed and you have been given a date for your hearing. It is crucial to have your attorney attend the hearing along with you. The judge will scrutinize your evidence prior to making a decision. A competent lawyer will make sure that all of the necessary evidence is exhibited during your hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and is the result of or worsened due to 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.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans with filing an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements on the percentage evaluation or disagreements over the effective date of rating. Our firm will ensure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed if the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are relatet conducting training sessions for all employees to increase awareness and enhance understanding of veterans' issues. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To assist them, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prohibits harassment and retaliation due to disability. The ADA defines disability as a condition that substantially limits one or more major life activities such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, providing training and shifting responsibilities to other positions or places as well as purchasing adaptive software or hardware. For example when an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with limited physical dexterity.