Veterans Disability Law

veterans disability attorney disability law covers a wide range of issues. We will fight to ensure you receive the benefits you are entitled to.

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 in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, help you determine what evidence you should submitted with your appeal, and develop a convincing argument for your claim.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to make clear in your NOD on the reason you are dissatisfied with the decision. It is not necessary to list all the reasons you do not agree with the decision. Just those that are relevant.

You may file your NOD within one year from the date that you appealed the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be notified of the date for your hearing. It is crucial that your attorney present at the hearing along with you. The judge will review all evidence presented before making a final decision. A competent attorney will make sure that all the proper evidence is presented at the hearing. This includes any service records, private medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was caused or worsened through their military service could be eligible for disability benefits. These veterans can receive a monthly monetary payment based on their disability rating, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans to file an application and obtain the required medical records along with other documents and fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date for an evaluation. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary details are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian jobs or to be able to adjust to a different profession when their disabilities keep them from obtaining 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 who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their job. This could include changes in job duties or workplace modifications.

Disabled veterans disability law firm who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to a job. The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term service.

An employer may ask applicants to provide any modifications to participate in the hiring process, for example, more time to sit for tests or to give oral instead of written answers. However, the ADA does not allow employers to inquire about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides customized workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To help these veterans to find work, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment and discrimination based on disability. The ADA defines disability as the condition that significantly restricts one or more major aspects of daily life, such as hearing and breathing, walking, and seeing. Standing, sitting, working, learning and more. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must provide it unless it causes undue hardship on the contractor's business. This could include modifying equipment, providing training, reassigning tasks to other jobs or facilities, and buying adaptive hardware or Veterans Disability software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must furnish furniture with raised or lower surfaces, or purchase keyboards and mice adapted for people who have limited physical strength.