Veterans Disability Law

The law governing veterans disability is a vast area. We will help you get you the benefits you deserve.

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that isn't adequate. A lawyer for veterans benefits can help you 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. A skilled lawyer can help you navigate the process, help identify what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process begins with a Notification of Disagreement. In your NOD, you are important to describe why you are not happy with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.

You are able to file your NOD within one year of the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD is filed after which you will be assigned a date and time for your hearing. It is important to have your attorney present at the hearing together with you. The judge will review your evidence and make a decision. An experienced attorney will ensure that all the proper evidence is presented at the hearing. Included in this are any service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was triggered or worsened due to their military service may be qualified for disability benefits. They can receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We help veterans to file an application and obtain the required medical records and other documents and fill out the required forms, and keep track of the progress of the VA.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the date of effective rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed in the event that an appeals court is involved. an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or to transition to a new career when their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities may 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, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their job. This includes modifications to job duties or modifications to work environments.

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

Veterans with disabilities who are separated from the military could follow one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; rapid access to employment; self-employment and employment through long-term care.

Employers may ask applicants if they require any accommodations in the selection process, like more time to sit for tests or to give oral instead of written answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans disability attorneys who are seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more essential activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing, working, learning and more. The ADA excludes certain ailments that are common for veterans disability lawyers; writes in the official Gwwa Yodev blog,, like tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it creates a hardship on the contractor's business. This can include changing equipment, veterans disability lawyers providing training, delegating the duties to different jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical strength, employers should provide furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.