Veterans Disability Law

Veterans disability law is a broad field. We assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans Disability law firms. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied disability benefits or receive low ratings that ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed, and the law is always changing. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present to support your appeal and assist you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you are not happy with the decision. You don't have to list every reason that you disagree, but only those that are pertinent.

Your NOD can be filed within a year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will be notified of a date for hearing. Your attorney should be present to the hearing. The judge will review all of your evidence before making a final decision. A competent lawyer will make sure that all the required evidence is presented during your hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and is the result of or worsened due to their military service, may be eligible for disability benefits. Veterans may receive an amount of money per month dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans to file claims and collect the medical records they require along with 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 decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed in the event that the case is referred to an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian work or to transition to changing careers when their disabilities prevent them from being able to find work that is meaningful. 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 against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This includes changes to job duties or workplace modifications.

Disabled veterans looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans find work and companies.

veterans disability lawyer with disabilities who are leaving from the military can follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment; self-employment and work through long-term service.

An employer may ask applicants to provide any special accommodations to participate in the hiring process, such as extra time to take tests or to give verbal instead of written answers. The ADA does not permit employers to ask about a disability unless it's obvious.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider holding training sessions for all employees to raise awareness and improve understanding of veteran concerns. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to obtain employment. To assist these veterans disability attorneys, the Department of Labor supports a national job search and information resource known as EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. It also limits the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more major life activities, such as hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes some conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodations would create unnecessary hardship for the contractor. This can include changing equipment, offering training, delegating the duties to different jobs or facilities, as well as buying adaptive hardware or software. For example in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must furnish furniture with raised or lower surfaces, or purchase keyboards and mice that are specifically designed for people with limited physical dexterity.