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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is properly prepared and track the progress of your case.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating that isn't adequate. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help to build a strong case.

The VA appeals procedure starts with a Notice of Disagreement. It is important to make clear in your NOD on the reason you do not agree with the decision. You don't have to list all the reasons why you are not happy with the decision, just those that are relevant.

The NoD is filed within one year of the date of the adverse decision that you are appealing. You may be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will be given an appointment for hearing. It is crucial that your attorney attend this hearing along with you. The judge will review your evidence and make a decision. A good attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition which was caused or aggravated through their military service may qualify for disability benefits. These veterans disability attorneys may receive an amount of money per month based on the severity of their disability rating.

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 documentation, fill out necessary forms and keep track of the VA's progress on their behalf.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements about a percentage evaluation or disputes over the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information to support every argument in an appeal.

Our lawyers can help Veterans Disability lawyers with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian employment or to adapt to changing careers when 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their job. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a nationwide training and job placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans disability lawyer with disabilities to select between five different paths to gain employment. The five options include reemployment at the same employer, speedy access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire to provide any modifications to participate in the hiring process, for example, more time to take a test or permission to provide oral rather than written answers. But the ADA does not allow employers to inquire about a person's disability unless it is apparent.

Employers who are concerned about possible discrimination against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and improve understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To aid these veterans, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. It is funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more major activities of daily living, including hearing and breathing, walking, or seeing. Standing, sitting or working, learning and more. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must accommodate it unless it creates a hardship on the contractor's business. This can include altering the equipment, offering training and reassigning responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. For instance, veterans disability lawyers if an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mice that have been adapted for people who have limited physical strength.