Veterans Disability Law

Veterans disability law covers a wide range of issues. We will fight to ensure you receive the benefits you have earned.

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay and also in training, as well as other employment terms, conditions and privileges.

Appeal

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 Claims. The process is complicated, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, help identify what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you do not agree with the decision. You don't need to list every reason you don't agree with the decision, 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. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed after which you will be given a date for your hearing. You should bring your attorney to the hearing. The judge will look over all of your evidence before making a decision. A competent lawyer will ensure that all necessary evidence is presented at your hearing. Included in this are any service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was caused by or worsened by their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing a claim, obtain necessary medical records and other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements about the percentage of an evaluation or a dispute over the effective date of rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to an entirely new career if their disabilities hinder their ability to find meaningful work. 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations for disabled veterans disability attorneys do their jobs. This could include changes in job duties or workplace adjustments.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to work. These include reemployment with same employer; rapid access to employment; self-employment and employment through long-term care.

An employer can ask applicants for any special accommodations to participate in the hiring process, for example, more time to sit for tests or to provide oral rather than written answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might consider holding training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. Additionally, they can contact the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To help these Veterans Disability Lawyers with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to request about a person's medical background and also prohibits harassment and discrimination in response to disability. The ADA defines disability as conditions that severely limit one or veterans disability lawyers more of the major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing or working, learning, etc. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them to do their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes modifying the equipment, providing training and transferring responsibilities to other positions or locations and acquiring adaptive software or hardware. For instance in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice adapted for people who have physical limitations.