Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you make sure you receive the benefits that you deserve.

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 stipulates that employers must provide 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 have a low disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to and the law is always changing. A knowledgeable lawyer can guide you through the process, help determine what evidence you should included in your appeal, and build a strong case for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you disagree with the unfavorable decision. You don't need to list all the reasons you disagree with the decision, but only the ones that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable decision. If you require additional time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be given an appointment date. Your attorney should be present to this hearing. The judge will look over the evidence you have presented before making a decision. A good attorney will make sure that all the proper evidence is presented at the hearing. This includes all service records, medical records and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was aggravated or caused by their military service may be eligible for disability benefits. These veterans disability lawyers can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their illness.

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

We can also assist in appeals of any VA decisions, such as denials of benefits, disagreements over an evaluation percentage or disputes over the effective date of a 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 additional SOCs are prepared with all the necessary information to back each argument in an appeal.

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

Employer Accommodations

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 assist disabled veterans perform their duties. This includes changes to the work environment or job duties.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose between five different paths to gain employment. The five options include reemployment at the same company, fast access to employment, self-employment and work through long-term services.

An employer may ask applicants to provide any modifications to participate in the hiring process, such as more time to take tests or to give oral instead of written answers. However, the ADA does not permit employers to inquire about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about possible discrimination against disabled veterans should think about conducting training sessions for all employees to increase awareness and increase understanding of Veterans Disability Lawyers' issues. Additionally, they can contact 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 who have disabilities due to their military experience have difficult to find employment. To assist them to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers are able to request regarding a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that significantly restricts one or more of the major life activities including hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must offer it unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, reassigning duties to other jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or purchase keyboards and mice that are made for those with physical limitations.