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Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA obliges employers to provide 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 when hiring, promotions or pay, as well as training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, guide you 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 a Notice of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

The NOD can be submitted within one year of the date of the adverse decision that you are appealing. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. It is essential that your attorney attend this hearing with you. The judge will go over the evidence and make a final determination. A good attorney will ensure that all evidence is presented at the hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was triggered or worsened by their military service, may be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help veterans to file a claim and obtain the medical records they require along with other documents and fill out the required forms, and keep track of the progress of the VA.

We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements on the percentage evaluation or a dispute over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to prepare them for civilian work or adapt to a new profession when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans disability Lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans perform their job. This includes changes to the work environment or job duties.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose among five paths to gain employment. The five options include reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

An employer may ask applicants for any special accommodations to participate in the hiring process, for example, more time to sit for tests or permission to give verbal instead of written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff to increase awareness and understanding of veteran issues. In addition they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To help these veterans, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. The ADA also restricts the information employers can request about a person's medical history and prohibits harassment and reprisals in response to disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily living, like hearing and breathing, walking, or seeing. Sitting, standing, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to complete their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This can include changing equipment, offering training, transferring tasks to other positions or facilities, and acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with higher or lower surfaces or purchase keyboards and mice adapted for people who have restricted physical dexterity.