Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is correctly prepared and monitor the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is essential to make clear in your NOD about why you are not happy with the decision. It is not necessary to list all the reasons you do not agree with the decision, just the ones that are relevant.

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

Once the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is important to have your attorney present at the hearing together with you. The judge will scrutinize all evidence presented before making a decision. A good lawyer will make sure that all the necessary evidence is provided during your hearing. This includes any service records, private medical records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was triggered or worsened due to their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on the severity of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help veterans disability lawsuits file claims, get the necessary medical records and other documentation, fill out required forms and track the VA's progress on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date of rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filed with all the required details to support every argument in the claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian employment or adapt to a new profession in the event that their disabilities hinder them from finding work 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 (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans perform their jobs. This could include changes to job duties or workplace adjustments.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program that helps connect disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; rapid access to employment; self-employment; and employment through long-term services.

Employers can ask applicants whether they need any accommodations for the selection process. For example, if they need more time to take the test or if they feel it's okay to speak instead of writing their answers. However, the ADA does not permit an employer to ask about a person's disability status unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in holding training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To assist them with their job search, the Department of Labor supports a national job search and information resource called EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. The ADA also restricts the information that employers can inquire about a person's medical history and prohibits harassment and discrimination based on disability. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying and more. The ADA excludes some conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering the equipment, supplying training, Firm and transferring responsibility to other positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company must provide furniture with raised or lower surfaces or purchase adapted keyboards and mouses.