Veterans Disability Law

Veterans disability law covers a variety of issues. We will help you ensure you receive the benefits you are entitled to.

Congress created the VA claim procedure to be supportive of veterans disability attorneys. We ensure that your application is well-prepared and you can track the progress of your claim.

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

Appeal

Many veterans are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, assist you to determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals process begins with a Notice to Disagreement. It is crucial to be clear in your NOD about why you do not agree with the decision. You do not have to list every reason you disagree, but only those that are pertinent.

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

Once the NOD has been filed, you will be given a date for your hearing. It is crucial to have your attorney attend the hearing along with you. The judge will scrutinize all evidence presented before making a decision. A good attorney will make sure that all evidence is presented at your hearing. This includes all service records, medical records and any C&P exams.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was aggravated or caused by their military service may be eligible for disability benefits. They may be eligible for an amount of money per month depending on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans file claims, get the necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of the rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are prepared with all the necessary information to support every argument in the claim.

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to begin an entirely new career if their disabilities preclude their ability to pursue meaningful employment. It is also possible for disabled veterans 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their job. This could include changes in work duties or workplace changes.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and training program that helps connect veterans Disability law firms with disabilities to jobs and businesses.

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

Employers may ask applicants if they need any accommodations for the hiring process. For example the need for more time to finish an exam or if it's okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and increase understanding of veteran concerns. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To help them to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can request regarding a person's medical history and prevents harassment and revenge based on disability. The ADA defines disability as an illness that severely limits one or more essential activities of daily living, including hearing and breathing, walking, or veterans disability law firms seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their job. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, offering training, shifting the duties to different locations or positions, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer must supply furniture with raised or lower surfaces, or purchase mouses and keyboards that are adapted to the user.