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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will work to get you the benefits you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeals

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, guide you identify what evidence should be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is important to provide reasons the reasons you don't agree with the decision. You don't have to list every reason you disagree, but only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision you want to appeal. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed and you have been assigned a date and time for your hearing. It is essential that your attorney present at the hearing along with you. The judge will examine your evidence and make a final determination. A good lawyer will make sure that all necessary evidence is exhibited during your hearing. Included in this are medical records, service medical records, private health records and C&P examinations.

Disability Benefits

veterans disability attorneys suffering from a physical or mental illness that is debilitating and is the result of or worsened due to their military service could be eligible for disability benefits. These Veterans Disability lawyers may receive a monthly monetary payment based on the severity of their disability rating.

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

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage, or disputes about the date of rating that is effective. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that help veterans prepare for civilian employment, or to adjust to changing careers when their disabilities prevent them from being able to find work that is meaningful. veterans disability law firm 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 with disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their duties. This includes changes to job duties or workplace adjustments.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different paths to a job. This includes reemployment with the same employer, rapid access to employment; self-employment and the possibility of employment through long-term services.

An employer can ask applicants for any special accommodations to participate in the hiring process, for example, longer time to complete tests or permission to give verbal instead of written answers. However, the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers that are concerned about discrimination against disabled veterans ought to consider holding training sessions for all employees to increase awareness and increase understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult finding employment. To help these veterans with their job search, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially hinders one or more important life activities, such as hearing, sight breathing, walking, sitting, standing and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their duties. This is not the case if the accommodation would cause undue hardship for the contractor. This can include changing equipment, offering training, transferring duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with limited physical strength.