Veterans Disability Law

The law governing veterans Disability Lawyers disability is a broad area. We will do our best to make sure you receive the benefits that you deserve.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay and training, as well as other terms, conditions of employment and rights.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, assist you to determine the right evidence to be included in your appeal, and help you build a strong argument for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it's important to explain your reasons for disagreeing with the decision. You don't have to list all the reasons you disagree with the decision, but only the ones that are relevant.

Your NOD can be filed within one year from the date of the unfavorable decision you want to appeal. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be given an appointment date. It is essential that your attorney attend the hearing together with you. The judge will look over your evidence and make a decision. A good attorney will make sure that all the evidence needed is presented at your hearing. This includes all service records, medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a disabling mental or physical condition that was aggravated or caused through their military service may qualify for disability benefits. These veterans may receive monthly monetary payments depending on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We help veterans file claims, obtain required medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements with an evaluation percentage or disputes regarding the effective date for an evaluation. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed if the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their duties. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a nationwide program for job placement and business education program that helps disabled veterans find employment and businesses.

Veterans with disabilities who are separated from the military may follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, rapid access to employment, self-employment and employment through long-term military service.

An employer can ask applicants to provide 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 allow an employer to ask about a person's disability in the absence of evidence.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and enhance understanding of veterans' 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 them, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and 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 conditions that severely limit one or more essential activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing, working, learning and so on. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, an employer must offer it unless it creates a hardship on the contractor's business. This can include altering the equipment, providing training, and transferring responsibility to other positions or locations, as well as acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical strength, employers must supply furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.