Veterans Disability Law

Veterans disability law is a broad field. We will do our best to help you get the benefits you deserve.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be adhered to, and the law is ever-changing. An experienced lawyer can help you navigate the process, guide you determine what evidence you should included in your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notice to Disagreement. It is crucial to be clear in your NOD as to why you do not agree with the decision. You don't have to include all the reasons you do not agree with the decision, but only those that are relevant.

Your NOD can be filed within one year from the date of the adverse decision you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with an appointment for hearing. Your attorney should be present to the hearing. The judge will scrutinize all of your evidence before making a decision. A good lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused by or worsened by their military service could be qualified for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file a claim and obtain the required medical records as well as other documentation, fill out required forms, and keep track of the progress of the VA.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage, or disputes about the effective date of rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information needed to support every argument in a claim.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian employment, or to adjust to a new career when their disabilities preclude their ability to pursue meaningful employment. 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to perform their job. This could include changes in work duties or workplace changes.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans disability lawsuit find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans Disability law firms with disabilities to select between five different paths to a job. The five options include reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers may ask applicants if they require any modifications for Veterans disability law firms the hiring process. For instance the need for more time to take the test or if they feel it's acceptable to speak instead of write their answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans disability lawyer may be interested in conducting training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find work. To help them to find work, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers to disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more major aspects of daily living, including hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and more. The ADA excludes certain conditions that are common among veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires accommodations to complete work, an employer must offer it unless it causes undue hardship on the contractor's business. This includes altering equipment, providing training, reassigning the duties to different jobs or facilities, and purchasing 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 should provide furniture with higher or lower surfaces or purchase keyboards and mice that are adapted for people who have restricted physical dexterity.