Veterans Disability Law

Veterans disability law is a vast area. We are here to help you get the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA requires that employers offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be adhered to and the law is always changing. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present in your appeal, and help you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it's important to explain why you are not happy with the decision. You don't have to include all the reasons why you are not happy with the decision, just those that are relevant.

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

Once the NOD has been filed and the NOD is filed, you will be given a date for your hearing. It is crucial that your attorney attend this hearing with you. The judge will examine the evidence and then make a final decision. A good attorney will ensure that all the proper evidence is presented at your hearing. This includes all service records, private medical records, and any C&P exams.

Disability Benefits

veterans disability law firm who suffer from a chronic physical or mental condition that was caused or aggravated by their military service might be eligible for disability benefits. They may be eligible for an annual monetary payment depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans to file a claim and obtain the required medical records along with other documents to complete the necessary forms, and track the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities that are related to their service to apply for vocational rehabilitation services. This program provides training, education and job skills to veterans to prepare them for civilian work or learn to adapt to a new job in the event that their disabilities hinder them from working in a meaningful way. 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 caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans disability lawyers to complete their job. This includes changes in work duties or workplace changes.

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

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different routes to a job. The five options include reemployment at the same employer, speedy access to employment, self-employment, and work through long-term services.

An employer may ask applicants to provide any accommodations in the hiring process, including more time to sit for tests or to give oral instead of written answers. The ADA doesn't allow employers to ask about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service have difficult to find work. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also restricts the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and more. The ADA excludes certain ailments that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their job. This is not the case if the accommodation would cause undue hardship to the contractor. This can include altering the equipment, offering training and shifting responsibilities to other positions or places, as well as acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If an individual has limited physical dexterity, a company must provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.