Veterans Disability Law

The law governing norwalk veterans disability attorney disability is a broad field. We are here to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay, as well as training, and other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits, or receive low disability ratings 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 can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, assist you to determine what evidence you should included in your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

The NOD can be filed within a year of the date of the adverse decision you want to appeal. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given a date for hearing. You should bring your attorney to this hearing. The judge will review your evidence and make a final determination. A competent lawyer will make sure that all the necessary evidence is exhibited during your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans suffering from a crippling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. They may be eligible for a monthly monetary payment depending on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file claims and collect the necessary medical records, other documents, fill out required forms, and keep track of the VA’s progress.

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

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to prepare them for civilian jobs or to be able to adjust to a different profession when their disabilities prevent them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a nationwide program for job placement and business education program that assists disabled veterans find employment and businesses.

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

Employers may ask applicants whether they require any accommodations to participate in the selection process, like longer time to complete tests or to give oral instead of written answers. The ADA doesn't allow employers to ask about disability unless it's evident.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider conducting training sessions for all employees to increase awareness and increase understanding of veteran concerns. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help these veterans, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, such as hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is true unless the accommodation causes undue hardship for the contractor. This can include altering the equipment, offering training, and transferring responsibility to other positions or places in addition to acquiring adaptive software or hardware. For example the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical dexterity, an employer must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.