Veterans Disability Law

Veterans disability law covers a wide range of issues. We will do our best to make sure you receive the benefits that you deserve.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law changes constantly. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help to build a strong case.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to explain why you disagree with the decision. You don't have to include all the reasons you do not agree with the decision, just those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you are appealing. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD is filed, you will receive an appointment date. It is crucial to have your attorney be present together with you. The judge will go over the evidence and make a final determination. A competent lawyer will ensure that all the necessary evidence is exhibited during your hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was triggered or worsened by their military service, could be eligible for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans with filing a claim, obtain necessary medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We can also help with appeals for any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disagreements over the date at which a rating is effective. Our firm will make sure that the initial Statement of the Case is correctly prepared and veterans Disability Lawyers that any additional SOCs filled with all necessary information are filed if 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 skills that prepare Veterans Disability lawyers (bulangiul.net) for civilian work or to transition to changing careers when their disabilities make it difficult for them to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their duties. This includes modifications in job duties or modifications to work environments.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and training program that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military can follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment, self-employment and work through long-term service.

Employers may ask applicants if they require any accommodations during the hiring process. For instance, if they need more time to complete a test or if it's okay to talk instead of write their answers. But the ADA does not permit an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about possible discriminatory practices against disabled veterans should consider organizing training sessions for all employees to increase awareness and improve understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to find employment. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. The ADA also limits the information employers can request regarding a person's medical history and prohibits harassment and revenge in response to 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, and working. The ADA does not cover certain conditions that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, supplying training, and transferring responsibility to other positions or places and acquiring adaptive software or hardware. For instance when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. If a person has limited physical strength, employers must supply furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.