Veterans Disability Law

Veterans disability law is a vast area. We will do our best to make sure you receive the benefits that you have earned.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability lawyers Claims. The procedure is complex, with specific rules and procedures that must be followed and the law is constantly changing. A knowledgeable lawyer can guide you through the process, help you determine what evidence should be included in your appeal and create a compelling case for your claim.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it is important to describe why you are not happy with the decision. It is not necessary to list every reason you disagree, but only those that are pertinent.

You can file your NOD within one year of the date that you appealed the unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will be notified of an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will look over the evidence and make a final decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and is the result of or worsened as a result of their military service could be qualified for disability benefits. These veterans may receive a monthly monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans to file a claim and obtain the necessary medical records as well as other documentation to complete the necessary forms, and keep track of the VA’s progress.

We also can assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the date at which a rating is effective. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are submitted with all the necessary information needed to support each argument in an appeal.

Our lawyers can also assist Veterans disability law firms with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to help them prepare for civilian work or adjust to a new career when their disabilities prevent them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their jobs. This includes changes in work duties or workplace changes.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to employment. This includes reemployment with same employer, rapid access to employment, self-employment and employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For instance if they require more time to finish the test or if they feel it is okay to speak instead of write their answers. The ADA does not allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans may think about having training sessions for their entire employees to increase awareness and understanding of veteran-related issues. They may also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult to find work. To help these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to ask about a person's health history and prohibits harassment and discrimination because of disability. The ADA defines disability as a condition that significantly hinders one or more major life activities, such as hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete work, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, offering training and shifting responsibilities to other positions or locations, as well as acquiring adaptive software or hardware. For instance when an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. If a person has limited physical strength, employers must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.