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Veterans Disability Law

The law governing veterans disability is a vast area. We will do our best to get you the benefits you have earned.

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

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

Appeal

Many veterans are denied disability benefits or receive a low rating that should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be adhered to, and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is essential to be clear in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list all the reasons why you are not happy with the decision. Just those that are relevant.

You are able to file your NOD within one year of when you appealed an unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been filed, you will receive the date for your hearing. It is crucial that your attorney present at the hearing along with you. The judge will examine the evidence and make a decision. A good attorney will make sure that all evidence is presented during your hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was triggered or worsened as a result of their military service, could be eligible for disability benefits. They may be eligible for an annual monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We help veterans 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 a percentage evaluation or a dispute over the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed when the case is brought to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to begin changing careers when their disabilities preclude their ability to find a job that is meaningful. veterans disability lawsuit with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans disability attorneys who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their job. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. It is a nationwide program for job placement and training which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; fast access to employment, self-employment and employment through long-term care.

Employers may ask applicants whether they require any accommodations to participate in the hiring process, such as longer time to complete tests or to provide verbal answers instead of written answers. However, the ADA does not permit an employer to ask about a person's disability unless it is evident.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to raise awareness and better understand veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To assist these veterans disability lawyer get a job, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also restricts the information that employers can request regarding a person's medical background and also prohibits harassment and Veterans Disability Lawyer discrimination based on disability. The ADA defines disability as a condition that substantially restricts one or more essential life activities, such as hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, offering training and transferring responsibilities to different positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices and Braille displays. If an employee has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.