Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is completed and tracked your case through the process.

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

Appeals

Many veterans Disability law Firms are denied disability benefits or are given low ratings that should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be followed and the law is always changing. An experienced lawyer can help you navigate the process, help determine the right evidence to be submitted with your appeal, and develop a convincing argument for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, you are important to provide reasons why you disagree with the decision. You do not have to list every reason you disagree with, but only those that are pertinent.

The NoD is submitted within one year of the date of the adverse decision that you are appealing. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD is filed, you will be assigned a date for your hearing. It is crucial that your attorney present at the hearing along with you. The judge will review your evidence prior to making a final decision. A good attorney will make sure that all of the required evidence is presented at your hearing. This includes all service records, private medical records, and any C&P examinations.

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. These veterans could receive an amount of money per month depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans to file an application and obtain the necessary medical records, other documents and fill out the required forms, and keep track of the progress of the VA.

We can also assist with appeals of VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes over the effective date of rating. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that the additional SOCs are filed with all the required information needed to support every argument in an appeal.

Our lawyers can also help veterans disability attorney with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to adapt to an entirely new career if their disabilities hinder their ability to find a job that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to veterans with disabilities to perform their job. This includes changes in the job description or changes to the workplace.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different routes to work. This includes reemployment with same employer; quick access to employment; self-employment; and work through long-term service.

An employer can ask applicants to provide any modifications to participate in the hiring process, for example, extra time to take an exam or the ability to give oral instead of written answers. The ADA does not permit employers to inquire about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider conducting training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally, they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To help these veterans get a job, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. It also limits the information about medical conditions that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, including hearing and seeing, walking, breathing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform work, the employer must offer it unless it creates a hardship on the contractor's business. This can include changing equipment, providing training, reassigning tasks to other positions or facilities, and purchasing adaptive software or hardware. For example the case of an employee who is blind or visually impaired the employer must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. If a person has limited physical strength, employers must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.