Veterans Disability Law

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

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied disability benefits or receive a low rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, guide you determine the right evidence to be included in your appeal and create a compelling case for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will receive the date for your hearing. You must bring your attorney to the hearing. The judge will review the evidence and make a final determination. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was caused or worsened by their military service might be eligible for disability benefits. These veterans could receive monthly monetary payments according to the severity of their disability rating.

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 to file claims, obtain required medical records as well as other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or a dispute over the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filed with all the required details to support every argument in an appeal.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work or to transition to a new career when their disabilities hinder their ability to pursue meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their duties. This includes changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. It is a nationwide job placement and training program which assists Veterans Disability Lawyers with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose between five different paths to work. This includes reemployment with the same employer; quick access to employment; self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example if they require more time to complete the test or if it's acceptable to speak instead of write their answers. The ADA doesn't allow employers to inquire about a disability unless it's obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to increase awareness and better understand veteran-related issues. Additionally they can contact the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to get a job. To help these veterans with their job search, the Department of Labor supports a national job search and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) bans 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 that employers can inquire about a person's medical history and prevents harassment and reprisals based on disability. The ADA defines disability as a condition that substantially limits one or more essential life activities, such as hearing, sight breathing, walking, sitting, standing, learning, and working. The ADA excludes some conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to perform work, the employer must offer it unless it would impose undue hardship on the contractor's business. This could include modifying the equipment, supplying training and transferring responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. For instance in the event that an employee is visually impaired or blind employers must 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 mice adapted for people who have limited physical strength.