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Veterans Disability Law

The law governing veterans disability is a vast area. We will help you make sure you receive the benefits that you have earned.

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

USERRA requires employers to provide reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or get a low disability rating when it should be higher. 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 to be adhered to and the law is constantly changing. 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 case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is important to make clear in your NOD on the reason you disagree with the unfavorable decision. You don't have to list every reason you disagree with, but only those that are relevant.

You can file your NoD within one year from when you appealed an unfavorable decision. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be assigned a date for your hearing. Your attorney should be present to the hearing. The judge will go through all of your evidence before making a decision. A good attorney will make sure that all of the required evidence is presented at your hearing. This includes all service records, medical records as well as any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or aggravated by their military service may be eligible for disability benefits. These veterans could receive an annual monetary payment depending on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans to file an application and obtain the necessary medical records as well as other documentation as well as fill out the required forms, and keep track of the VA’s progress.

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

Our lawyers can also help Veterans disability Lawyer with service-connected disabilities to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian employment or to learn to adapt to a new job in the event that their disabilities hinder them from working in a meaningful way. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans perform their jobs. This includes adjustments to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability lawyer interested in finding work. This is a national job placement and business training program that assists disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to employment. This includes reemployment with the same employer; fast 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 extra time to take an exam or the ability to give oral instead of written answers. But the ADA does not allow employers to inquire about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans should think about organizing training sessions for all employees to raise awareness and enhance understanding of veteran concerns. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To help these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that hinders one or more essential life activities, such as hearing, seeing, walking, breathing, sitting, standing and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must provide it, unless it creates a hardship on the contractor's business. This includes modifying equipment, offering training, delegating tasks to other locations or positions, and buying adaptive hardware or software. For instance when an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mice that are adapted for people who have limited physical dexterity.