Veterans Disability Law

Veterans disability law is a broad field. We will work to make sure you receive the benefits that you are entitled to.

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay and also in training, as well as other employment terms, conditions and privileges.

Appeal

Many veterans are denied disability benefits or are given a low rating, which ought to be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can help you navigate the process, help you determine what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to state clearly in your NOD on the reason you do not agree with the decision. It is not necessary to list all the reasons why you are not happy with the decision, but only those that are relevant.

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

After the NOD is filed, you will be notified of the date for your hearing. It is crucial to have your attorney attend this hearing with you. The judge will go through all of your evidence before making a decision. A competent lawyer will ensure that all the required evidence is exhibited during your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened due to their military service, could be qualified for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans in filing a claim, obtain necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We can also assist in appeals of any VA decisions, such as denials of benefits, disagreements over a percentage evaluation or disputes about the date of effective of an evaluation. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can assist veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for civilian work or to adapt to the new job market if their disabilities hinder their ability to find a job 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 prohibits discrimination against veterans disability law firm with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans do their jobs. This includes changes in the work environment or job duties.

Disabled veterans disability attorneys interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and training that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and employment through long-term services.

Employers may ask applicants if they require any accommodations during the hiring process. For example if they require more time to finish an exam or if it's acceptable to speak instead of writing their answers. The ADA does not permit employers to inquire about a disability unless it's evident.

Employers that are concerned about discrimination against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and increase understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many Veterans disability lawyers suffering from disabilities related to their service experience difficult to get a job. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prevents harassment and revenge based on disability. The ADA defines disability as a condition that significantly restricts one or more important life activities, such as hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who need them to do their job. This is true unless the accommodation causes undue hardship to the contractor. This could include modifying equipment, offering training, transferring tasks to other locations or positions, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If an individual has limited physical dexterity, a company must supply furniture with raised or lower surfaces or purchase adapted mouses and keyboards.