Veterans Disability Law

Veterans disability law is a vast area. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and you can track the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits disability discrimination in hiring, promotions, and pay, as well as training, as well as other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or get low disability ratings when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be followed and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit to support your appeal and assist you build a strong claim.

The VA appeals procedure begins with a Notice of Disagreement. It is important to state clearly in your NOD on the reason you are not happy with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

Your NOD can be submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. You should bring your attorney to this hearing. The judge will look over the evidence and make a decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes any service records, medical records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was caused or worsened due to their military service could be eligible for disability benefits. They may be eligible for monthly monetary payments dependent on the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We help veterans to file a claim and obtain the required medical records, other documents, fill out required forms, and keep track of the progress of the VA.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements over the percentage evaluation, or disagreements over the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are prepared with all the necessary information to back every argument in a claim.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian work or to adapt to an entirely new career if their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their job. This includes adjustments to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans Disability lawyers interested in employment. This is a nationwide employment and business training program that assists veterans disability law firm with disabilities find jobs and companies.

Veterans with disabilities who are separating from the military can choose one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment, self-employment and employment through long-term services.

Employers may ask applicants if they require any modifications for the selection process. For example the need for longer time to complete a test or Veterans Disability Lawyers if it's acceptable to speak instead of write their answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers that are concerned about possible discriminatory practices against disabled veterans should consider having training sessions available to all employees to increase awareness and enhance understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help these veterans, the Department of Labor Veterans disability lawyers funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that restricts one or more major life activities such as hearing, sight breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to complete their job. This is the case unless the accommodation causes undue hardship for the contractor. This includes altering the equipment, offering training, and transferring responsibility to other positions or places in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice made for those with physical limitations.