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Veterans Disability Law

Veterans disability law covers a variety of issues. We will help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is properly prepared and we track your case through the process.

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

Appeal

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be followed and the law is constantly changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence you should included in your appeal, and build a strong case for your claim.

The VA appeals process begins with a Notification of Disagreement. In your NOD, you are crucial to state your reasons for disagreeing with the decision. It is not necessary to list all the reasons you disagree with the decision, but only those that are relevant.

You can file your NoD within one year of the date you appealed against the unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been filed, you will be notified of the date for your hearing. It is important to have your attorney attend the hearing with you. The judge will look over the evidence you have presented before making a decision. A good attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental illness which was caused or aggravated through their military service could be eligible for disability benefits. These veterans can receive a monthly monetary payment according to their disability rating, which is a percentage which indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans disability Lawyer receive all of the benefits to which they have a right to. We help veterans file claims, obtain required medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

We can also assist in appeals of any VA decisions, such as denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can help veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or to adjust to a new career when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their jobs. This includes changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a national job-training and placement program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving 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 military service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For instance that they require longer time to complete a test or if it's okay to talk instead of write their answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for their entire employees to increase awareness and understanding of veteran issues. In addition, they can seek out the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to get a job. To aid these veterans disability lawyers with their job search, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to ask about a person's health background and also prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that hinders one or more major life activities, including hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA does not cover certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying the equipment, offering training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive software or hardware. For example the case of an employee who is blind or visually impaired employers must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an individual has limited physical strength, employers must supply furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.