Veterans Disability Law

The law governing veterans disability is a broad field. We will do our best to make sure you receive the benefits that you have earned.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to provide reasonable accommodations to employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions, pay, training and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability lawyers Claims. The procedure is complex with specific rules and procedures that must be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals process, help you determine what evidence you must submit in your appeal, and help to build a strong case.

The VA appeals process begins with a Notice to Disagreement. It is important to state clearly in your NOD as to why you disagree with the unfavorable decision. You don't have to include all the reasons why you are not happy with the decision. Just those that are relevant.

The NoD is filed within a year of the date of the adverse decision you want to appeal. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. It is crucial to have your attorney be present along with you. The judge will go through all of your evidence before making a final decision. A good lawyer will ensure that all of the necessary evidence is exhibited during your hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or aggravated through their military service may be eligible for disability benefits. These veterans may receive monthly monetary payments according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing an application and obtain the necessary medical records along with other documents, fill out required forms, and monitor the progress of the VA.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, veterans disability lawyer disagreements about the percentage of an evaluation or disagreements over the date of rating that is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that further SOCs are filed with all the required information to back each argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian employment or adapt to a new profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawsuit who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid veterans disability lawyer with disabilities do their jobs. This includes changes to work duties or workplace changes.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to employment. The five options include reemployment at the same employer, quick access to employment, self-employment, veterans disability lawyer and employment through long-term military service.

An employer can ask applicants for any special accommodations to participate in the selection process, like more time to sit for a test or permission to give oral instead of written answers. But the ADA does not permit employers to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may consider organizing training sessions for all of their staff in order 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 individualized workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult finding employment. To help these veterans, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. Funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment or reprisals due to disability. The ADA defines disability as a condition that substantially restricts one or more major life activities, such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA does not cover certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must offer it unless it would impose undue hardship on the contractor's business. This can include changing equipment, offering training, reassigning the duties to different positions or facilities, and acquiring adaptive hardware or software. For example the case of an employee who is blind or visually impaired employers must purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. If a person is unable to exercise physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.