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Veterans Disability Law

Veterans disability law covers a range of issues. We will help you make sure you receive the benefits that you deserve.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated during military service. Title I of ADA prohibits discrimination against disabled people in the hiring process, promotions and pay as well as in training, as well as other employment terms, conditions and privileges.

Appeals

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help to build a strong case.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to explain why you disagree with the decision. You do not have to list every reason you disagree, but only those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable decision. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go over your evidence and make a final determination. A good lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are any medical records, service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was caused by or aggravated by their military service, may be eligible for disability benefits. These veterans may receive a monthly monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans to file an application and obtain the medical records they require as well as other documentation to complete the necessary forms, and track the progress of the VA.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements about the percentage of an evaluation, or disputes about the date of effective rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed in the event that the case is brought to an appeals court.

Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to help them prepare for civilian employment or learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. veterans disability attorney with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans perform 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 looking to find work. This is a nationwide employment and business training program that assists disabled veterans find jobs and businesses.

Veterans with disabilities who are leaving from the military could follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; rapid access to employment, self-employment and employment through long-term care.

Employers can ask applicants whether they require any accommodations during the hiring process. For example if they require more time to complete the test or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider conducting training sessions for all employees to raise awareness and improve understanding of veteran concerns. In addition they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To assist these veterans with their job search, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking work.

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

Employers must offer accommodations to disabled veterans who need them to do their duties. This is not the case if the accommodation creates unnecessary hardship for the contractor. This includes altering equipment, providing training, reassigning tasks to other jobs or facilities, and purchasing adaptive software or hardware. For example, if an employee is visually impaired or blind 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 provide furniture with raised or lower surfaces or purchase keyboards and mice that have been adapted for people who have restricted physical dexterity.