Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to make sure you receive the benefits that you deserve.

Congress designed the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be adhered to, and the law is ever-changing. A skilled lawyer can guide you through the process, help determine what evidence you should included in your appeal and help you build a strong argument for your claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to provide reasons the reasons you don't agree with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable ruling. You may be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a date and time for your hearing. You should bring your attorney to this hearing. The judge will go over the evidence and make a final decision. A good lawyer will make sure that all of the necessary evidence is provided during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and is the result of or worsened as a result of their military service may be qualified for disability benefits. Veterans may receive monthly monetary payments based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans with filing claims, get the necessary medical records and other documentation, fill out necessary forms and keep track of the progress of the VA on their behalf.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disputes over the date at which a rating is effective. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required information to back each argument in an appeal.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian jobs or to adjust to a new career in the event that their disabilities hinder them from finding meaningful work. It is also possible for disabled Veterans Disability Lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their duties. This includes modifications to work duties 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. It is a nationwide training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five pathways 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 need any accommodations for the selection process. For example the need for more time to complete an exam or if it is okay to speak instead of write their answers. However, the ADA does not allow an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans disability lawsuit may want to consider having training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. Additionally they can contact the Job Accommodation Network, a free consultation service that provides individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find work. To help these veterans to find work, 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 looking for job opportunities.

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 ask about a person's health history and prohibits harassment and discrimination due to disability. The ADA defines disability in terms of conditions that severely limit one or more essential activities of daily living, including hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their job. This is true unless the accommodation causes undue hardship to the contractor. This can include changing equipment, providing training, delegating tasks to other locations or positions, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mice that have been made for those with limited physical strength.