Veterans Disability Law

Veterans disability law covers a variety of issues. We work to help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is well-prepared and you can track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A qualified veteran benefits lawyer can help you file 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. A skilled lawyer can help you navigate the process, assist you to determine what evidence you should included in your appeal and develop a convincing argument for your claim.

The VA appeals process begins with a Notice to Disagreement. In your NOD, you are crucial to state why you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

The NoD is filed within a year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will receive the date for your hearing. It is important to have your attorney attend the hearing with you. The judge will go through all evidence presented before making a decision. A competent lawyer will ensure that all of the necessary evidence is presented at your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder that was caused or aggravated through their military service could qualify for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage that shows the severity of their condition.

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

We can also assist with appeals of any VA decision, including denials of benefits, disagreements with an evaluation percentage or disputes regarding the effective date for a 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 prepared with all the necessary information needed to support each argument in an appeal.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans disability lawsuit for employment in the civilian sector, or to adjust to the new job market if their disabilities make it difficult for them to pursue meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their duties. This could include changes in job duties or workplace modifications.

Veterans with disabilities who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different paths to work. These include reemployment with the same employer; quick access to employment; self-employment and work through long-term service.

Employers can ask applicants whether they require any accommodations in the hiring process. For example, if they need more time to complete a test or if it's acceptable to speak instead of writing their answers. However, the ADA does not allow an employer to inquire about a person's disability in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their staff to increase awareness and understanding of 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 suffering from disabilities related to their service have difficult finding employment. To assist them to find work, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and wiki.softhistory.org electronic system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also limits the information that employers can request regarding a person's medical history and prohibits harassment and discrimination in response to disability. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, including hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying and so on. 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 needs accommodations to complete the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering the equipment, wiki.softhistory.org providing training and reassigning responsibilities to other positions or places as well as purchasing adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mice that are specifically designed for people with limited physical dexterity.