Veterans Disability Law

Veterans disability law covers a range 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 make sure that your application is thoroughly prepared and track your case through the process.

USERRA requires that employers offer reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to, and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help determine the right evidence to be included in your appeal and help you build a strong argument for your claim.

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

Your NOD can be filed within one year of the date of the unfavorable decision that you are appealing. If you require more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be assigned a date for your hearing. It is crucial to have your attorney attend this hearing along with you. The judge will scrutinize your evidence prior to making a final decision. A good attorney will ensure that all evidence is presented at your hearing. Included in this are medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and was caused by or aggravated by their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that indicates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file an application, obtain the required medical records and other documents, complete required forms and track the progress of their VA claim on their behalf.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation, or disputes about the date of rating that is effective. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that the additional SOCs are filed with all the required information to support each argument in a claim.

Our lawyers can assist veterans suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian employment or to transition to an entirely new career if their disabilities hinder their ability to find a job that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do 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 interested in employment. This is a national employment and business training program that assists veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For instance if they require longer time to complete the test or if they feel it's acceptable to speak instead of writing their answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might be interested in holding training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. Additionally, they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To assist these veterans, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment or revenge because of disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, such as hearing and breathing, walking, or seeing. Standing, sitting and working, as well as learning and learning, etc. The ADA excludes certain conditions that are common to veterans disability lawyer, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This includes modifying equipment, offering training, delegating tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. For example the case of an employee who is visually impaired or blind the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, Braille and talking calculators devices. If a person has limited physical dexterity, an employer must provide furniture with raised or lower surfaces, or purchase specially designed keyboards and mice.