Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help determine the right evidence to be included in your appeal, and create a compelling case for your case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to describe 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 those that are relevant.

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

After the NOD has been filed, you will be notified of an appointment date. It is crucial to have your attorney attend this hearing with you. The judge will scrutinize all of your evidence before making a decision. A good lawyer will make sure that all necessary evidence is exhibited during your hearing. This includes all service records, medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was caused or aggravated by their military service, could be qualified for disability benefits. veterans disability law firms can receive monthly monetary compensation depending on their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans in filing an application and get the medical records they require along with other documents and fill out the required forms, and monitor the progress of the VA.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage, or disputes about the date of rating that is effective. Our firm will make sure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program provides education, training, and job skills for veterans to help them prepare for civilian employment or learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities perform their jobs. This could include changes in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a national program for job placement and business education program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to work. These include reemployment with same employer; fast access to employment; self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For example, if they need more time to take an exam or if it is okay to speak instead of writing their answers. The ADA does not permit employers to inquire about disabilities unless they are obvious.

Employers that are concerned about discrimination against disabled veterans must consider conducting training sessions for all employees to increase awareness and better understand Veterans disability Lawyer' issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult finding employment. To aid these veterans with their job search, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers may inquire about a person's medical history and prevents harassment or reprisals because of disability. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, like hearing, seeing breathing, veterans disability lawyer walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform work, an employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, providing training and transferring responsibilities to other positions or places, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Veterans Disability Lawyer Braille displays. If a person is unable to exercise physical dexterity, an employer must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.