Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA stipulates that employers must offer reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeals

Many veterans disability claim are denied benefits, or receive a low disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you must submit to support your appeal and assist you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. It is important to make clear in your NOD on the reason you are dissatisfied with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

The NOD can be filed within one year of the date of the unfavorable decision that you are appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will receive an appointment for hearing. It is crucial that your attorney attend the hearing with you. The judge will go through all of your evidence before making a final decision. A good attorney will make sure that all the proper evidence is presented during your hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and was triggered or worsened as a result of their military service may be qualified for disability benefits. They may be eligible for veterans Disability law an amount of money per month based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file an application and get the required medical records along with other documents and fill out the required forms, and track the progress of the VA.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes over the effective date of the rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required information to back each argument in a claim.

Our lawyers can assist veterans disability lawyer with disabilities that are related to their military service when applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans to help them prepare for civilian employment or to adapt to a new profession when their disabilities keep them from finding meaningful work. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their duties. This includes changes to work duties or modifications to work environments.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and training program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment; self-employment and employment through long-term services.

An employer may ask applicants for any special accommodations to participate in the selection process, like extra time to take an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not permit an employer to ask about a person's disability status unless it is apparent.

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

Reasonable Accommodations

Many veterans disability lawyer with disabilities related to service struggle to find work. To help 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 to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as conditions that severely limit one or more essential activities of daily living, such as hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying, etc. The ADA does not cover certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must offer it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, offering training and reassigning responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mouse that are adapted for people who have restricted physical dexterity.