Veterans Disability Law

Veterans disability law is a broad field. We will work to help you get the benefits you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay and also in training, and other terms, conditions of employment, and privileges.

Appeals

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A lawyer for veterans disability attorney benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed, and the law is constantly changing. An experienced lawyer will guide you through the appeals process, help you determine the evidence you need to submit with your appeal and help you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you do not agree with the decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.

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

Once the NOD is filed after which you will be given a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will examine your evidence and make a final determination. A competent lawyer will make sure that all of the necessary evidence is presented during your hearing. This includes all service records, medical records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was triggered or aggravated by their military service, may be eligible for disability benefits. These veterans may receive monthly monetary payments based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file claims, get the necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date for the rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that additional SOCs are submitted with all the necessary information to support every argument in a claim.

Our lawyers can help veterans with disabilities related to their service by assisting them in applying 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 begin the new job market if their disabilities prevent them from being able to find 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their job. This includes adjustments to work duties or workplace adjustments.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps Veterans Disability Lawyers with disabilities find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select between five different paths to gain employment. This includes 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 during the hiring process. For example if they require more time to complete an exam or if it's acceptable to speak instead of write their answers. But the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider organizing training sessions for all employees to increase awareness and enhance understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To help them, the Department of Labor funds EARN which is a national source for information and job vacancies. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. It also limits the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition which significantly limits one or more essential life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it creates a hardship on the contractor's business. This includes modifying equipment, providing training, transferring the duties to different jobs or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mice adapted for people who have restricted physical dexterity.