Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA requires employers to offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay and training, and other terms, conditions of employment and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, assist you to determine the right evidence to be included in your appeal and help you build a strong argument for your claim.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

You can file your NOD within one year from the date that you appealed the unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will be assigned a date and time for your hearing. It is essential that your attorney present at the hearing with you. The judge will review your evidence and make a decision. A competent lawyer will make sure that all the necessary evidence is exhibited during your hearing. Included in this are any service records, health records that are private and C&P exams.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was aggravated or caused through their military service may be eligible for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating which is a percentage that indicates the severity of their illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans with filing claims, get the necessary medical records and other documents, complete required forms and track the VA's progress on their behalf.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements about a percentage evaluation, or disputes about the date of effective rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

Our lawyers can also help veterans disability law Firms with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment, or to adjust to changing careers when their disabilities prevent them from being able 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their jobs. This includes changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans who are interested in a job. This is a national program for job placement and training that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different routes to gain employment. The five options are reemployment at the same employer, quick access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire if they require any accommodations in the hiring process, including extra time to take an exam or the ability to give oral instead of written answers. However, the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for all of their staff in order to increase awareness and understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans disability lawsuit with disabilities that are related to their service experience difficult to find employment. To aid these veterans disability law firm, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers may inquire about a person's medical history and prevents harassment and reprisals based on disability. The ADA defines disability as an illness that severely limits one or more essential activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common among veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it unless it would impose undue hardship on the contractor's business. This includes altering equipment, providing training, transferring tasks to other positions or facilities, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. If a person has limited physical strength, employers must supply furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.