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Veterans Disability Lawyers Disability Law

The law governing veterans disability is a vast area. We are here to help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure your application is well-prepared and follow your case through the process.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in the hiring process, promotions and pay and also in training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can help you navigate the process, guide you identify what evidence should be included in your appeal and help you build a strong argument for your claim.

The VA appeals process begins with a Notice to Disagreement. It is important to state clearly in your NOD of the reasons you are not happy with the decision. It is not necessary to list every reason you don't agree with the decision. Just the ones that are relevant.

You may file your NOD within one year from the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD is filed and you have been assigned a time for your hearing. It is essential that your attorney attend this hearing with you. The judge will examine your evidence and make a final decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused by or worsened as a result of their military service, could be eligible for disability benefits. They may be eligible for a monthly monetary payment based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans disability law firm are able to receive all the benefits to which they have a right to. We assist veterans to file an application and obtain the required medical records and other documents, fill out required forms, and keep track of the VA’s progress.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements on the percentage evaluation, or disagreements about the date of effective of the rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are submitted with all the necessary information to back every argument in the claim.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans disability law firm for employment in the civilian sector or to begin the new job market if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their duties. This could include changes in the work environment or job duties.

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

Veterans with disabilities who have been removed from the military may follow one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

An employer can ask applicants for any accommodations to participate in the hiring process, for example, extra time to take tests or permission to provide oral rather than written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans may think about holding training sessions for all of their staff in order to increase awareness and understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to get a job. To help them, the Department of Labor funds EARN an online resource that provides information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also restricts the information employers may request about a person's medical history and prevents harassment and revenge because of disability. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them to complete their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This includes modifying the equipment, offering training and shifting responsibilities to other positions or places in addition to acquiring adaptive hardware or software. For instance in the event that an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If a person has limited physical strength, employers should provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.