Veterans Disability Law

Veterans disability law covers a 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 a veteran-friendly one. We will ensure that your claim is well-prepared and you can track the progress of your claim.

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay as well as in training, and other employment terms, conditions and rights.

Appeal

Many veterans are denied disability benefits or are given a low rating, which ought to be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed and the law is always changing. An experienced lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, you are important to describe your reasons for disagreeing with the decision. It is not necessary to list every reason you disagree, but only those that are pertinent.

The NOD must be submitted within one year of the date of the unfavorable decision you are appealing. If you require additional time to prepare your NOD, an extension may be granted.

After the NOD has been filed and the NOD is filed, you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go over your evidence and make a final determination. A good attorney will make sure that all the proper evidence is presented at the hearing. Included in this are any service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was aggravated or caused by their military service might be eligible for disability benefits. Veterans may receive an annual monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans with filing claims, get the necessary medical records and other documents, complete required forms and track the VA's progress on their behalf.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are filed with all the required details to support every argument in a claim.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides education, training and job skills to veterans disability attorney to prepare them for civilian work or Veterans Disability be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans perform their jobs. This could include changes to job duties and workplace adjustments.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that assists disabled veterans find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select between five different paths to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment, and employment through long-term military service.

Employers may ask applicants if they require any accommodations in the hiring process. For instance if they require more time to complete the test or if they feel it's okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about a person's disability status unless it is evident.

Employers that are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and enhance understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans disability lawsuits, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. The ADA also restricts the information employers are able to request regarding a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes some conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them in order to perform their job. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes altering the equipment, supplying training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. For example, if an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille and talking calculators devices. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mouse that are made for those with limited physical strength.