Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We ensure that your application is properly prepared and we track your case through the process.

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

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help you identify what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you do not agree with the decision. You don't have to list all the reasons you disagree with the decision. Just those that are relevant.

You can file your NOD within one year of when you appealed an unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date and time for your hearing. Your attorney should be present to the hearing. The judge will look over all of your evidence before making a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and is the result of or worsened by their military service may be qualified for veterans disability lawyer disability benefits. These veterans could receive a monthly monetary payment according to the severity of their disability rating.

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 assist veterans to file claims, get the necessary medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date of a rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed if a case is taken to an appeals court.

Our lawyers can also help veterans disability lawyer with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to transition to the new job market if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities may also be eligible to receive 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 that were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans disability law firm to complete their duties. This could include changes in job duties or workplace modifications.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide program for job placement and training which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to employment. The five options are reemployment at the same employer, quick access to employment, self-employment, and work through long-term services.

Employers may ask applicants if they require any accommodations during the hiring process. For example, if they need longer time to complete the test or if it is okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may consider organizing training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To assist these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical history and prohibits harassment and discrimination based on disability. The ADA defines disability as a condition which significantly limits one or more important life activities, including hearing, seeing breathing, walking, sitting, standing, learning, and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their job. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, providing training, reassigning the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase adapted keyboards and Veterans disability Lawyer mouses.