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Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is properly prepared and we track your case through the process.

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

Appeals

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 with the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit with your appeal and help you build a strong claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to explain your reasons for disagreeing with the decision. You don't have to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed and you have been assigned a time for your hearing. It is crucial to have your attorney attend this hearing along with you. The judge will review all evidence presented before making a decision. An experienced attorney will ensure that all of the required evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental illness that was caused or worsened by their military service might qualify for disability benefits. They can receive a monthly monetary payment depending on their disability rating which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans to file an application and obtain the medical records they require and other documents and fill out the required forms, and keep track of the VA’s progress.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage evaluation or disagreements over the effective date of rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that additional SOCs are filled out with all of the required information to back every 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 is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to adapt to an entirely new career if their disabilities hinder their ability to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as 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 for veterans with disabilities perform their job. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans disability lawyer interested in employment. This is a nationwide job-placement and business-training program that assists disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to work. The five options include reemployment with the same employer, rapid access to employment, self-employment, and work through long-term services.

Employers may ask applicants if they require any accommodations in the hiring process. For instance, if they need longer time to complete the test or if it's acceptable to speak instead of write their answers. The ADA doesn't allow employers to ask about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans disability lawyers; redirected here, might consider conducting training sessions for all of their staff in order to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to find employment. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

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

If a disabled veteran needs accommodations to complete the job, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes modifying equipment, offering training, reassigning duties to other jobs or facilities, and 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 equipment for computers electronic visual aids, Braille and talking calculators devices. If a person is unable to exercise physical strength, employers should provide furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.