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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will do our best to get you the benefits you deserve.

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is properly prepared and we track your case through the process.

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that isn't adequate. A qualified veteran benefits lawyer 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 skilled lawyer can guide you through the process, help determine what evidence you should included in your appeal and create a compelling case for your claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to make clear in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list all the reasons you disagree with the decision, just those that are relevant.

You may file your NOD within one year of when you appealed an unfavorable decision. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will be notified of an appointment for hearing. It is crucial to have your attorney attend the hearing along with you. The judge will review your evidence prior to making a final decision. A competent attorney will make sure that all of the required evidence is presented at your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

veterans disability lawyer who suffer from a mental or physical condition which is disabling and was caused by or worsened as a result of their military service may be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file an application and get the medical records they require and other documents, fill out required forms, and keep track of the progress of the VA.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disputes over the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed when the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work or to transition to an entirely new career if their disabilities hinder their ability to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their job. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a nationwide job-placement and business-training program that helps veterans with disabilities find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose among five paths to gain employment. This includes reemployment with same employer; fast access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the hiring process. For instance, if they need more time to take the test or if it is okay to speak instead of writing their answers. The ADA does not permit employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for all of their staff to increase awareness and understanding of veteran-related issues. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to find employment. To assist these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also restricts the information employers can inquire about a person's medical history and prohibits harassment and reprisals in response to disability. The ADA defines disability as a condition that substantially limits one or more important life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes some conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to do their duties. This is true unless the accommodation would cause undue hardship for the contractor. This can include changing equipment, offering training, shifting the duties to different jobs or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is blind or visually impaired the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. If an individual has limited physical strength, the employer should provide furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.