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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you deserve.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to, and the law is always changing. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit for your appeal, and assist you build a strong claim.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't need to list all the reasons you disagree with the decision, only those that are relevant.

You may file your NOD within one year from when you appealed an unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a date and time for your hearing. It is important to have your attorney attend the hearing with you. The judge will review the evidence you have presented before making a final decision. A good lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are any medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition which was caused or aggravated by their military service may qualify for disability benefits. They can receive monthly monetary compensation depending on their disability rating which is a percentage which indicates the severity of their illness.

Our New York disability lawyers work to ensure that veterans disability Lawyers receive all benefits to which they're entitled. We help veterans to file an application and obtain the required medical records, other documents as well as fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements about the percentage evaluation, or disputes about the date of effective rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying 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 adapt to an entirely new career if their disabilities make it difficult for them to find meaningful work. It is also possible for disabled veterans disability lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their job. This includes adjustments to job duties and modifications to work environments.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program that assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different paths to gain employment. This includes reemployment with same employer; quick access to employment; self-employment; and employment through long-term services.

Employers can inquire to provide any accommodations to participate in the hiring process, including more time to take tests or to provide oral rather than written answers. But the ADA does not permit an employer to ask about a person's disability unless it is evident.

Employers who are concerned about possible discriminatory practices against disabled veterans should consider organizing training sessions for all employees to raise awareness and better understand veteran concerns. They may also contact Job Accommodation Network for free advice and consultation on the ADA and Veterans Disability Lawyers other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to get a job. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. It is funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may inquire about a person's medical history and prevents harassment and discrimination because of disability. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, such as hearing and walking, breathing, seeing. Standing, sitting, working, learning and more. The ADA excludes certain ailments that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs accommodations to complete a job, an employer must provide it unless it creates a hardship on the contractor's business. This can include altering the equipment, offering training and transferring responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. If an individual has limited physical dexterity, a company should provide furniture with raised or lowered surfaces or veterans disability lawyers purchase mouses and keyboards that are adapted to the user.