Veterans Disability Law

Veterans disability law covers a range of issues. We will work to ensure you receive the benefits you have earned.

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is properly prepared and track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given a low rating, which isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you build a strong claim.

The VA appeals process begins with a Notification of Disagreement. It is crucial to be clear in your NOD about why you do not agree with the decision. You don't have to list all the reasons you disagree with the decision. Just those that are relevant.

Your NOD can be filed within a year of the date of the unfavorable decision that you are appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. It is crucial to have your attorney be present along with you. The judge will review the evidence and make a decision. A good lawyer will ensure that all of the necessary evidence is exhibited during your hearing. This includes all service records, medical records as well as any C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated through their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on the degree of their disability.

Our New York disability lawyers work to ensure that veterans Disability Lawyers receive the full benefits to which they're entitled. We help veterans to file an application and obtain the required medical records as well as other documentation and fill out the required forms, and keep track of the VA’s progress.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date of the rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that further SOCs are filed with all the required details to support each argument in the claim.

Our lawyers can assist veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian employment, or to adjust to an entirely new career if their disabilities preclude their ability to find meaningful work. It is also possible for disabled veterans disability law firm 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 (ADA) prohibits discrimination against veterans who have disabilities, including those incurred in or Veterans Disability Lawyers aggravated by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their duties. This includes adjustments in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a national job placement and training program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, quick access to employment, self-employment, and employment through long-term military service.

Employers can ask applicants whether they require any modifications for the selection process. For example the need for more time to finish the test or if they feel it's okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider conducting 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 individualized workplace accommodations solutions and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To assist these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for 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 looking for jobs.

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

If a disabled veteran needs an accommodation in order to complete a job, an employer must provide it unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, transferring duties to other jobs or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, veterans disability lawyers such as electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mice specially designed for those with limited physical strength.