Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you help you get the benefits you have earned.

The VA claim process was designed to be user-friendly by Congress. We make sure your application is properly prepared and we track your case through the process.

USERRA requires that employers provide reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay, as well as training, as well as other terms, conditions of employment, and privileges.

Appeals

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit with your appeal and help to build a strong case.

The VA appeals procedure begins with a Notice to Disagreement. It is crucial to state clearly in your NOD of the reasons you disagree with the unfavorable decision. You don't have to list every reason that you disagree with, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. If you require longer time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed after which you will be assigned a date for your hearing. Your attorney should be present to the hearing. The judge will review the evidence you have presented before making a final decision. A good attorney will make sure that all the evidence needed is presented at the hearing. This includes all service records, private medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or worsened by their military service might qualify for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans to file a claim and obtain the required medical records as well as other documentation as well as fill out the required forms, and track the progress of the VA.

We can also help with appeals of any VA decisions. This includes denials of VA benefits, disagreements on the percentage of an evaluation or disputes over the effective date of rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that 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 help veterans with disabilities related to their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian employment or to begin an entirely new career if their disabilities make it difficult for them to find a job that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans disability lawyer perform their job. This could include changes in work duties or workplace changes.

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 nation-wide program for job placement and training that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different routes to work. This includes reemployment with same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers can ask applicants whether they require any accommodations in the selection process. For instance that they require longer time to complete a test or if it's okay to speak instead of write their answers. The ADA does not permit employers to ask about the existence of a disability, unless it is obvious.

Employers that are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and increase understanding of veteran concerns. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firms who have disabilities caused by service have difficulty to find work. To help them, the Department of Labor funds EARN, a national resource for job referrals and information. 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 disability law firms looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also restricts the information employers may inquire about a person's medical history and prevents harassment or retaliation based on disability. The ADA defines disability as a condition that restricts one or more of the major life activities, like hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires accommodations to complete the job, the employer must offer it unless it creates a hardship on the contractor's business. This can include altering the equipment, supplying training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mouse that are adapted for people who have limited physical dexterity.