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Veterans Disability Law

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

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

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

Appeals

Many veterans are denied disability benefits or receive a low rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons the reasons you don't agree with the decision. You don't have to list every reason you don't agree with the decision. Just those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you're appealing. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will receive an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will look over all of your evidence before making a decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any service documents, health records for private use and C&P examinations.

Disability Benefits

veterans disability lawyer suffering from a disabling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. Veterans may receive an amount of money per month according to the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans with filing claims, get the necessary medical records and other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements over the effective date of an evaluation. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the required information are filed when the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to adapt to changing careers when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability Law firms with disabilities, including those caused or aggravated through military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their duties. This could include changes in the job description or changes to the workplace.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that helps disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose among five paths to employment. This includes reemployment with same employer; quick access to employment; self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance that they require more time to complete the test or if they feel it's okay to speak instead of writing their answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discriminatory practices against disabled veterans should consider holding training sessions for all employees to raise awareness and better understand veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To help them get a job, the Department of Labor supports a national job-related referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also restricts the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily life, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning and learning, etc. The ADA does not cover certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must offer accommodations to disabled veterans who need them to complete their job. This is true unless the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, transferring tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.