Veterans Disability Law

Veterans disability law covers a range of issues. We will do our best to ensure you receive the benefits you deserve.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer can guide you through the process, help determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to explain the reasons you don't agree with the decision. You do not have to list every reason you disagree, but only those that are relevant.

You can file your NoD within one year of the date you appealed the unfavorable decision. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD is filed, you will receive a date for hearing. Your attorney should be present to this hearing. The judge will go over your evidence and make a final decision. A good attorney will ensure that all evidence is presented during your hearing. Included in this are medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was caused or aggravated through their military service may qualify for disability benefits. Veterans may receive monthly monetary payments dependent on the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We help veterans file a claim, obtain necessary medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

We can also help with appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage of an evaluation or a dispute over the date of rating that is effective. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed if an appeals court is involved. an appeals court.

Our lawyers can assist veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment, or to adjust to an entirely new career if their disabilities make it difficult for them to find work 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.

Accommodation for Employers

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

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that assists disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose among five paths to a job. The five options include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For example the need for more time to complete a test or if it is okay to speak instead of writing their answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veteran issues. In addition, they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans disability lawsuits, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information that employers can ask about a person's health history and prevents harassment and discrimination because of disability. The ADA defines disability as the condition that significantly restricts one or more essential activities of daily living, like hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes certain ailments that are common for Veterans Disability Lawyers, like post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to do their job. This is true unless the accommodation would cause undue hardship to the contractor. This includes altering the equipment, supplying training and shifting responsibilities to other positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, an employer must supply furniture with raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.