Veterans Disability Law

The law governing veterans disability is a vast area. We will do our best to make sure you receive the benefits that you have earned.

Congress created the VA claim process to be veteran-friendly. We make sure that your application is properly prepared and track the progress of your claim.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or have low disability ratings when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify the evidence you need to submit in your appeal, and help you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it's important to describe the reasons you don't agree with the decision. You don't have to list every reason you don't agree with the decision, just those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a time for your hearing. Your attorney should be present to the hearing. The judge will review the evidence and veterans disability Lawyer make a final determination. A competent lawyer will ensure that all the required evidence is presented during your hearing. This includes all service records, private medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and is the result of or worsened by their military service could be qualified for disability benefits. Veterans may receive an annual monetary payment based on the severity of their disability.

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

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

Our lawyers can assist veterans suffering from disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. 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 with disabilities, which includes those who may have been caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their job. This includes changes in job duties or workplace modifications.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that assists disabled veterans disability lawsuit find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to gain employment. This includes reemployment with same employer, rapid access to employment; self-employment; and work through long-term service.

Employers may ask applicants whether they require any special accommodations to participate in the hiring process, for example, more time to take an exam or the ability to give oral instead of written answers. The ADA does not allow employers to inquire about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consulting service that provides customized workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To assist these veterans with their job search, the Department of Labor supports a national job referral and information resource known as EARN. It is 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 in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also restricts the information employers may ask about a person's health history and prohibits harassment and retaliation based on disability. The ADA defines disability as a condition that restricts one or more essential life activities, like hearing, veterans disability lawyer seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans disability lawyer who require accommodations to complete their job. This is true unless the accommodation causes undue hardship to the contractor. This includes modifying equipment, offering training, reassigning the duties to different jobs or facilities, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, a company should provide furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.