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Veterans Disability Law

The law governing veterans disability 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. We ensure that your application is well-prepared and follow your case through the process.

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

Appeals

Many Veterans Disability Lawyer are denied benefits, or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be adhered to, and the law changes constantly. A knowledgeable lawyer can guide you through the process, guide you identify what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to explain why you are not happy with the decision. It is not necessary to list every reason why you disagree with, but only those that are pertinent.

The NOD must be submitted within one year of the date of the unfavorable decision you're appealing. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will receive an appointment for hearing. It is recommended that you bring your attorney to this hearing. The judge will look over the evidence and make a final decision. A competent lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a crippling physical or mental illness that was caused or aggravated through their military service may qualify for disability benefits. These veterans can receive a monthly monetary payment according to their disability rating which is a percentage that shows the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans to file claims, get the necessary medical records and other documents, fill out required forms and track the progress of their VA claim on their behalf.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disagreements over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that any additional SOCs are submitted with all the necessary details to support each argument in a claim.

Our lawyers can assist veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector or to adapt to a new career when their disabilities prevent them from being able to find meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations to veterans with disabilities to perform their duties. This includes adjustments to job duties and modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a national employment and business training program that assists disabled veterans find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different routes to employment. These include reemployment with same employer; quick access to employment; self-employment; and work through long-term service.

Employers can inquire whether they require any accommodations to participate in the hiring process, such as more time to sit for a test or permission to provide oral rather than written answers. The ADA doesn't allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans disability attorneys must consider having training sessions available to all employees to increase awareness and better understand veterans' issues. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information that employers can inquire about a person's medical background and also prohibits harassment and retaliation due to disability. The ADA defines disability in terms of conditions that severely limit one or more major activities of daily life, such as hearing and breathing, walking, or seeing. Sitting, standing, working, learning and more. The ADA does not cover certain conditions that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their job. This is true unless the accommodation causes undue hardship for the contractor. This could include modifying the equipment, offering training and reassigning responsibilities to other positions or places as well as purchasing adaptive software or hardware. For example when an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If an employee has limited physical strength, employers must supply furniture with raised or lower surfaces or purchase adapted mouses and keyboards.