Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeals

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures to be adhered to, and the law is always changing. An experienced lawyer will guide you through the appeals process, help you determine the evidence you need to submit to support your appeal and assist to build a strong case.

The VA appeals procedure begins with a Notice to Disagreement. It is essential to be clear in your NOD about why you do not agree with the decision. You do not have to list every reason you disagree, but only those that are pertinent.

The NOD can be filed within one year of the date of the adverse decision you're appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a date and time for your hearing. Your attorney should be present to this hearing. The judge will review the evidence and make a final decision. A competent lawyer will ensure that all of the necessary evidence is exhibited during your hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was aggravated or caused through their military service may be eligible for disability benefits. These veterans may receive an amount of money per month according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans with filing a claim, obtain necessary medical records as well as other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements about a percentage evaluation or disputes over the date at which a rating is effective. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are prepared with all the necessary details to support each argument in the claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans disability lawyers prepare for civilian employment or to transition to a new career when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their jobs. This includes modifications in job duties or modifications to work environments.

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

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

Employers can ask applicants whether they require any accommodations during the hiring process. For instance if they require more time to finish the test or if it's okay to talk instead of writing their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability lawsuit with disabilities caused by service have difficulty to find employment. To assist these veterans disability lawyer, the Department of Labor funds EARN, a national resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and veterans disability lawyer electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, like hearing and breathing, walking, veterans disability lawyer or seeing. Standing, sitting at a desk, working, studying and more. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, providing training, and transferring responsibility to different positions or locations as well as purchasing adaptive hardware or software. 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. If an individual has limited physical dexterity, an employer should provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.