Veterans Disability Law

Veterans disability law covers a wide variety of issues. We are here to help you get the benefits to which you are entitled.

Congress created the VA claim process to be a veteran-friendly one. We ensure that your application is well-prepared and veterans follow your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated through 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 disability attorney are denied benefits or have an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, guide you identify what evidence should be submitted with your appeal, and help you build a strong argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is essential to be clear in your NOD as to why you do not agree with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you are appealing. You could 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. It is important to have your attorney attend the hearing along with you. The judge will look over your evidence and then make a final decision. A good attorney will ensure that all the evidence needed is presented at your hearing. Included in this are service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness which was caused or aggravated through their military service could qualify for disability benefits. They may be eligible for a monthly monetary payment based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans with filing an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date for the rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant details are filed if an appeals court is involved. an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work or to begin a new career when their disabilities make it difficult for them to find 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 aid veterans with disabilities do their duties. This includes adjustments to job duties and workplace adjustments.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and veterans business training program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who are separating from the military may follow 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 instance, if they need more time to complete an exam or if it's okay to talk instead of write their answers. But the ADA does not permit employers to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and improve understanding of veteran concerns. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to get a job. To aid these veterans to find work, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. It also limits the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more essential life activities, including hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain ailments that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to complete their duties. This is true unless the accommodation causes undue hardship to the contractor. This can include altering the equipment, offering training and shifting responsibilities to different positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. If an individual has limited physical dexterity, a company must supply furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.