Veterans Disability Law

Veterans disability law is a vast area. We will fight to get you 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 you can track the progress of your case.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities acquired during military service, or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, and other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or are given a low rating that should be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for veterans disability Lawyers Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, guide you determine what evidence you should included in your appeal and create a compelling case for your claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you are not happy with the decision. You do not have to list every reason why you disagree, but only those that are relevant.

You can 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 is filed and the NOD is filed, you will be assigned a time for your hearing. You should bring your attorney to this hearing. The judge will go through all of your evidence before making a decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. This includes all service records, private medical records, and any C&P exams.

Disability Benefits

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

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

We can also assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements over the percentage evaluation or a dispute over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information needed to support every argument in the claim.

Our lawyers can assist veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian work or learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

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

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a national job placement and training program that helps connect disabled veterans disability law firms to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to work. The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term service.

An employer can ask applicants for any accommodations to participate in the hiring process, such as more time to take a test or permission to give oral instead of written answers. The ADA doesn't allow employers to inquire about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in organizing training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To help these veterans to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers can inquire about a person's medical history and prevents harassment or discrimination due to disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, such as hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain ailments that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is not the case if the accommodations would create unnecessary hardship for the contractor. This could include modifying equipment, providing training, reassigning 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, talking calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mice that have been specially designed for those with physical limitations.