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Veterans Disability Law

The law governing veterans disability is a broad field. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is well-prepared and you can track the progress of your claim.

USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions, pay, training and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating, which ought to be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine what evidence you should submit with your appeal and help to build a strong case.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it is important to provide reasons the reasons you don't agree with the decision. You don't have to include all the reasons you disagree with the decision, but only those that are relevant.

You can file your NoD within one year of when you appealed an unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed and you have been assigned a date and time for your hearing. You should bring your attorney to the hearing. The judge will go through the evidence you have presented before making a decision. A good attorney will make sure that all the evidence needed is presented at your hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition that was aggravated or caused through their military service may qualify for disability benefits. These veterans could receive an annual monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans disability law firms in filing an application and get the necessary medical records along with other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist with appeals to any VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements over the effective date of the rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that any additional SOCs are submitted with all the necessary details to support each argument in a claim.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to prepare them for civilian jobs or to adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans disability lawsuits to perform their job. This includes adjustments in job duties or changes to the workplace.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that helps disabled veterans find jobs and companies.

veterans disability lawyer with disabilities who are leaving 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 with the same company, fast access to employment, self-employment and work through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the selection process. For instance the need for longer time to complete a test or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find work. To help them with their job search, the Department of Labor supports a national job resourcing and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions, benefits, or other terms and conditions of employment. 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 substantially restricts one or more important life activities, such as hearing, sight, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must offer it unless it creates a hardship on the contractor's business. This includes modifying equipment, providing training, delegating tasks to other jobs or facilities, as well as buying adaptive hardware or software. For instance, if an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If a person has limited physical strength, employers should provide furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.