Veterans Disability Law

Veterans disability law covers a wide range of issues. We will fight to help you get the benefits you are entitled to.

Congress created the VA claim process to be veteran-friendly. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer can guide you through the process, help determine what evidence you should submitted with your appeal, and create a compelling case for your claim.

The VA appeals process begins with a Notice to Disagreement. It is essential to make clear in your NOD on the reason you do not agree with the decision. You don't need to list all the reasons you disagree with the decision, just those that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable decision. You may be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed after which you will be assigned a date and time for your hearing. It is essential that your attorney present at the hearing with you. The judge will review your evidence prior to making a final decision. A competent lawyer will ensure that all of the necessary evidence is exhibited during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder which was caused or aggravated through their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score which is a percentage which indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We help veterans to file claims and collect the necessary medical records and other documents, fill out required forms, and track the progress of the VA.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date of the rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed when an appeals court is involved. an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans disability lawyers with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to complete their job. This includes changes in job duties or workplace modifications.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to gain employment. The five options include reemployment with the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.

An employer may ask applicants whether they require any modifications to participate in the selection process, like longer time to complete tests or permission to provide oral rather than written answers. However, the ADA does not permit employers to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may be interested in holding training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to obtain employment. To help them to find work, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking jobs.

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

If a disabled veteran needs an accommodation to do work, the employer must provide it unless it would impose undue hardship on the contractor's business. This includes modifying the equipment, offering training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive software or hardware. For example in the event that an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.