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Veterans Disability Law

Veterans disability law is a broad area. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or receive low ratings that ought to be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be adhered to and the law is always changing. A knowledgeable lawyer can guide you through the process, help determine what evidence you should included in your appeal, and help you build a strong argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is crucial to be clear in your NOD of the reasons you disagree with the unfavorable decision. You don't have to list every reason why you disagree with, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. You should bring your attorney to this hearing. The judge will review your evidence prior to making a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. This includes any service records, medical records and any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or worsened through their military service may qualify for disability benefits. These veterans could receive an annual monetary payment dependent on the severity of their disability.

Our New York disability lawyers work to ensure that veterans Disability lawyers get all benefits they're entitled to. We assist veterans in filing an application and get the required medical records as well as other documentation, fill out required forms, and track the progress of the VA.

We also can assist in appeals of any VA decision. This includes denials of VA benefits, disagreements about the percentage 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 properly prepared, and that further SOCs are prepared with all the necessary information needed to support each argument in an appeal.

Our lawyers can assist veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian work or adapt to a new profession in the event that their disabilities hinder them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their jobs. This includes modifications to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a nationwide program for job placement and business education program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment; self-employment; and employment through long-term care.

Employers can inquire to provide any special 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. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about possible discriminatory practices against disabled veterans should think about organizing training sessions for all employees to raise awareness and enhance understanding of veteran concerns. Additionally they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult finding employment. To help these veterans to find work, the Department of Labor supports a national job search and information resource known as EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans who are looking for work.

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

Employers must make accommodations for disabled veterans who require accommodations to complete their job. This is the case unless the accommodation causes undue hardship to the contractor. This could include modifying equipment, providing training, reassigning duties to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer must provide furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.