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Veterans Disability Law

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

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions and pay, as well as training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be adhered to, and the law is always changing. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present with your appeal and help you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to describe the reasons you don't agree with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

The NOD can be submitted within one year of the date of the adverse decision you are appealing. You may 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 given a date for hearing. It is important to have your attorney attend this hearing along with you. The judge will go over your evidence and make a final determination. A good lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

veterans disability lawyers (moved here) who suffer from a mental or physical illness that is limiting and was caused or worsened by their military service may be qualified for disability benefits. They may be eligible for an amount of money per month based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file a claim and obtain the required medical records as well as other documentation as well as fill out the required forms, and monitor the VA’s progress.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date for rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are submitted with all the necessary information to support each argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian jobs or to learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a national job placement and business training program that helps disabled veterans find work and companies.

Veterans with disabilities who have been removed from the military could follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment; self-employment and employment through long-term care.

An employer may ask applicants for any accommodations to participate in the hiring process, such as longer time to complete tests or to provide verbal answers instead of written answers. The ADA does not allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and improve understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult to get a job. To help them to find work, the Department of Labor supports a national job search and information resource called EARN. It is 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 disability lawsuits looking for jobs.

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

Employers must make accommodations for disabled veterans who require accommodations to complete their job. This is true unless the accommodation would cause undue hardship for the contractor. This can include changing equipment, offering training, transferring the duties to different positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices and Braille displays. If an individual has limited physical strength, employers must supply furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.