Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We make sure that your application is well-prepared and you can track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be adhered to and the law is always changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you must submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are crucial to state the reasons you don't agree with the decision. You don't have to list every reason that you disagree, but only those that are pertinent.

The NOD must be filed within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will receive the date for your hearing. It is crucial that your attorney attend the hearing along with you. The judge will examine your evidence and make a decision. A competent lawyer will ensure that all the required evidence is exhibited during your hearing. This includes any service records, medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a disabling mental or physical condition which was caused or aggravated through their military service could qualify for disability benefits. These veterans could receive monthly monetary payments dependent on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans to file a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant information are filed when the case is referred to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to adapt to the new job market if their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their job. This includes modifications to work duties or modifications to work environments.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled Veterans Disability Lawyer to select from five different paths to work. The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term service.

Employers can inquire whether they require any special accommodations to participate in the hiring process, such as more time to take a test or permission to give verbal instead of written answers. But the ADA does not allow employers to inquire about a person's disability in the absence of evidence.

Employers that are concerned about possible discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and increase understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

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

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that hinders one or more major life activities, such as hearing, seeing, walking, breathing, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans disability lawyers, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering equipment, offering training, delegating duties to other locations or positions, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mice that have been adapted for people who have limited physical dexterity.