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Veterans Disability Law

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

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied benefits or have a low 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 procedure is complex, with specific rules and procedures to be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals process, help you determine what evidence you should submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to describe your reasons for disagreeing with the decision. It is not necessary to list all the reasons you do not agree with the decision, but only the ones that are relevant.

You can file your NOD within one year of when you appealed an unfavorable decision. If you require more time to prepare your NOD, an extension could be granted.

After the NOD has been filed after which you will be assigned a date for your hearing. Your attorney should be present to the hearing. The judge will review your evidence and make a final determination. A competent attorney will make sure that all evidence is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and is the result of or worsened by their military service, could be qualified for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their illness.

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 documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

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

Our lawyers can assist veterans suffering from disabilities resulting from their military service when applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or to adjust to a new career when their disabilities prevent them from finding work that is meaningful. 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 who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their job. This could include changes in the job description or changes to the workplace.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide program for job placement and training that helps disabled Veterans Disability Lawyer to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to gain employment. The five options include reemployment with the same employer, quick access to employment, self-employment, and work through long-term services.

An employer may ask applicants if they require any special accommodations to participate in the selection process, like extra time to take an exam or the ability to give verbal instead of written answers. The ADA doesn't allow employers to ask about a disability unless it's evident.

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

Reasonable Accommodations

Many veterans disability law firm suffering from disabilities related to their military experience have difficult to get a job. To help these veterans to find work, the Department of Labor supports a national job resourcing and information resource called EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical background and also prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that significantly limits one or more essential life activities, such as hearing, seeing 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 an accommodation in order to complete a job, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This could include modifying equipment, offering training, reassigning tasks to other jobs or facilities, as well as buying 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 as well as electronic visual aids, Braille calculators and talking devices. If an employee has limited physical strength, the employer must provide furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.