Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will work to make sure you receive the benefits that you have earned.

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is completed and tracked your case through the process.

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

Appeals

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans disability lawyers Veterans Claims. The process is very complex, with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision. Just the ones that are relevant.

You may file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will review all evidence presented before making a final decision. An experienced attorney will ensure that all evidence is presented during your hearing. This includes all service records, medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive an annual monetary payment depending on the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing an application and get the necessary medical records and other documents to complete the necessary forms, and monitor the VA’s progress.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements on the percentage evaluation, or disagreements over the effective date of an evaluation. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work or to adapt to changing careers when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to help Veterans Disability Lawyers with disabilities perform their job. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. It is a nationwide job placement and training program that assists veterans disability law firm with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to work. This includes reemployment with same employer; fast access to employment, self-employment and employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For example the need for more time to take the test or if it's okay to speak instead of write their answers. But the ADA does not allow an employer to ask about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might think about organizing training sessions for all of their staff to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy offers this free telephone 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 when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. It also restricts the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the important life activities, such as hearing, seeing, walking, breathing, sitting, standing, learning, Veterans Disability Lawyers and working. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations in order to perform their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This could include modifying the equipment, offering training and reassigning responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers must offer furniture with raised or lower surfaces, or purchase keyboards and mice made for those with limited physical dexterity.