Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA requires that employers provide reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or receive an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be followed, and the law is constantly changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with a Notification of Disagreement. In your NOD, you are important to explain your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision, just the ones that are relevant.

Your 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 can be granted.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. It is crucial that your attorney attend this hearing along with you. The judge will go through your evidence prior to making a decision. A competent lawyer will make sure that all of the necessary evidence is presented during your hearing. This includes all service records, medical records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused or worsened due to their military service, may be qualified for disability benefits. These veterans may receive a monthly monetary payment dependent 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 Disability Lawyers to file claims and collect the medical records they require, other documents, fill out required forms, and track the VA’s progress.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the effective date of rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required information are filed if a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to transition to an entirely new career if their disabilities hinder 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a national job-placement and business-training program that helps disabled veterans find employment and veterans disability lawyers businesses.

Veterans with disabilities who are separated from the military may follow one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they need any accommodations for Veterans disability Lawyers the hiring process. For example that they require longer time to complete a test or if it's okay to talk instead of write their answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans disability lawyers with disabilities resulting from service are unable to find employment. To aid these veterans to find work, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information employers are able to inquire about a person's medical history and prevents harassment and retaliation due to disability. The ADA defines disability in terms of a condition that significantly limits one or more major aspects of daily living, such as hearing and breathing, walking, and seeing. Standing, sitting or working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations in order to perform their job. This is true unless the accommodation would cause undue hardship to the contractor. This can include altering the equipment, providing training, and transferring responsibility to other positions or places and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with raised or lower surfaces or buy keyboards and mice that have been adapted for people who have limited physical strength.