Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and you can track the progress of your case.

USERRA obliges employers to offer reasonable accommodations for veterans disability lawyers employees with disabilities that arise during military service, or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay and also in training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied benefits, or receive a low 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 process is complex, with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you should submit for your appeal, and assist to build a strong case.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it's important to provide reasons the reasons you don't agree with the decision. It is not necessary to list every reason why you disagree with, but only those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. It is crucial that your attorney present at the hearing with you. The judge will go over your evidence and make a decision. A good attorney will ensure that all the proper evidence is presented during your hearing. Included in this are service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. These veterans may receive a monthly monetary payment dependent on the degree 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 in filing a claim and obtain the required medical records as well as other documentation to complete the necessary forms, and track the VA’s progress.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disputes over the date of rating that is effective. 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 submitted with all the necessary information to support every argument in the claim.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to transition to an entirely new career if their disabilities preclude their ability to find a job that is meaningful. 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 who have disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for veterans disability lawsuit with disabilities do their job. This could include changes in job duties or modifications to work environments.

Disabled veterans interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find employment and companies.

Veterans with disabilities who are leaving from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment, and veterans disability lawyers the possibility of employment through long-term service.

Employers may ask applicants if they require any accommodations in the selection process, like longer time to complete tests or permission to provide oral rather than written answers. However, the ADA does not permit an employer to ask about a person's disability unless it is evident.

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

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled Veterans disability lawyers, gwwa.yodev.net, seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially hinders one or more major life activities, such as hearing, sight breathing, walking, sitting, standing, learning and working. The ADA excludes some conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to complete their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This includes altering the equipment, providing training and transferring responsibilities to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer must provide furniture with raised or lower surfaces, or purchase adapted keyboards and mouses.