Veterans Disability Law

Veterans disability law covers a wide variety of issues. We help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is well-prepared and we track the progress of your case.

USERRA requires employers to offer reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied disability benefits or receive low ratings that should 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 complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify the evidence you need to submit with your appeal and help you create a compelling argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't need to list all the reasons you do not agree with the decision, only those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will receive an appointment for hearing. It is essential that your attorney attend this hearing along with you. The judge will review your evidence and make a final determination. A good lawyer will ensure that all the required evidence is presented during your hearing. Included in this are service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused or worsened by their military service, may be qualified for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans to file a claim and obtain the medical records they require as well as other documentation to complete the necessary forms, and track the VA’s progress.

We also can assist with appeals of VA decisions, including denials of benefits, disagreements with the percentage evaluation or disagreements about the date of effective of an evaluation. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities preclude their ability to find meaningful work. It is also possible for disabled veterans disability lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

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 help veterans disability lawyer with disabilities perform their duties. This could include changes in job duties or workplace modifications.

veterans disability attorneys with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find work and companies.

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

Employers may ask applicants if they require any accommodations in the selection process. For instance that they require more time to finish the test or if it's okay to talk instead of writing their answers. But the ADA does not allow an employer to ask about a person's disability status unless it is evident.

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

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To assist them, the Department of Labor supports a national job referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans who are in search of jobs.

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

If a disabled veteran requires an accommodation to do the job, the employer must offer it unless it would impose undue hardship on the contractor's business. This includes modifying equipment, offering training, reassigning the duties to different positions or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, Braille and talking calculators devices. Employers must provide furniture with raised or lower surfaces or veterans Disability lawyer purchase keyboards and mice that have been adapted for people who have physical limitations.