Veterans Disability Law

Veterans disability law is a broad field. We will work to make sure you receive the benefits that you deserve.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions, and pay as well as in training, and other terms, conditions of employment, and privileges.

Appeals

Many veterans are denied disability benefits or are given a low rating, which isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law changes constantly. A skilled lawyer will guide you through the appeals procedure, determine the type of evidence you need to present with your appeal and help you build a strong claim.

The VA appeals process begins with a Notification of Disagreement. In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't have to list every reason why you disagree with, but only those that are pertinent.

The NoD is filed within a year of 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, you will receive an appointment date. It is crucial that your attorney present at the hearing with you. The judge will go over your evidence and make a final decision. A competent lawyer will ensure that all the necessary evidence is presented during your hearing. This includes all service records, medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition that was caused or aggravated by their military service may qualify for disability benefits. They may be eligible for an amount of money per month according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans file claims, get the necessary medical records and other documentation, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or a dispute over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, veterans disability and that additional SOCs are prepared with all the necessary information to back each argument in a claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian work or learn to adapt to a new job in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans disability lawsuits perform their job. This could include changes to job duties or workplace adjustments.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military could follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term service.

An employer can ask applicants for any modifications to participate in the hiring process, such as more time to sit for tests or permission to give verbal instead of written answers. But the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans ought to consider holding training sessions for all employees to raise awareness and enhance understanding of veteran concerns. Additionally they can reach out to the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to find work. To help these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prohibits harassment and revenge in response to disability. The ADA defines disability as conditions that severely limit one or more major aspects of daily living, including hearing and breathing, walking, and seeing. Sitting, standing, working, learning and learning, etc. The ADA does not cover certain conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must offer it unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, reassigning the duties to different locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical strength, Veterans Disability employers must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.