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Veterans Disability Law

The law governing veterans disability is a broad area. We are here to assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay and also in training, as well as other employment terms, conditions and rights.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Disability Lawyers Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine the type of evidence you need to present with your appeal and help to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is important to make clear in your NOD about why you are not happy with the decision. It is not necessary to list all the reasons you do not agree with the decision. Just the ones that are relevant.

You are able to file your NOD within one year of when you appealed an unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will be assigned a date and time for your hearing. It is essential that your attorney attend this hearing along with you. The judge will go over your evidence and then make a final decision. A competent attorney will make sure that all evidence is presented during your hearing. This includes all service records, private medical records and any C&P tests.

Disability Benefits

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

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans with filing a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the VA's progress on their behalf.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation or a dispute over the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required details to support every argument in the claim.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities prevent them from being able to find work that is meaningful. 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 prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans disability law firms to do their job. This includes changes in job duties or workplace modifications.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five routes to find 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.

An employer may ask applicants to provide any modifications to participate in the hiring process, for example, extra time to take an exam or the ability to give verbal instead of written answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might think about having training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult finding employment. To assist these veterans disability lawyers with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy is the one that funds 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 employers can request regarding a person's medical history and prevents harassment or retaliation due to disability. The ADA defines disability as conditions that severely limit one or more essential activities of daily life, such as hearing and breathing, walking, and seeing. Standing, sitting or working, learning and learning, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who need them to do their job. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, offering training, and transferring responsibility to different locations or positions and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.