Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We make sure that your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied benefits or get low disability ratings when it should be higher. A lawyer for veterans disability lawyer benefits can help you appeal to the Court of Appeals for veterans disability attorneys Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit for your appeal, and assist you create a compelling argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision, just the ones that are relevant.

Your NOD can be filed within one year of the date of the adverse decision you're appealing. If you require additional time to prepare your NOD, an extension could be granted.

Once the NOD has been filed, you will receive an appointment date. It is important to have your attorney attend this hearing with you. The judge will scrutinize the evidence you have presented before making a final decision. A competent lawyer will ensure that all necessary evidence is exhibited during your hearing. Included in this are any medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a crippling physical or mental illness that was caused or aggravated by their military service might be eligible for disability benefits. These veterans could receive monthly monetary payments according to the severity of their disability.

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

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

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities preclude their ability to pursue meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their duties. This could include changes to job duties and workplace adjustments.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military can follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.

Employers may ask applicants whether they require any modifications to participate in the hiring process, for example, more time to sit for tests or to provide verbal answers instead of written answers. But the ADA does not allow employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire employees to increase awareness and understanding of veteran-related issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. The program is supported by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans disability Lawyers who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. It also limits the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that restricts one or more of the major life activities, such as hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do work, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, offering training, and transferring responsibility to other positions or places as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If an employee has limited physical dexterity, an employer should provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.