Veterans Disability Law

veterans disability law firm disability law covers a wide variety of issues. We will work to ensure you receive the benefits you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is properly prepared and track the progress of your claim.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities incurred during military service or that are aggravated by military service. Title I of ADA prohibits discrimination based on disability in promotions, hiring, and pay as well as in training, and other employment terms, conditions and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be followed, and the law is ever-changing. An experienced lawyer will guide you through the appeals process, help you determine the type of evidence you need to present for your appeal, and assist you create a compelling argument.

The VA appeals procedure begins with a Notice of Disagreement. It is essential to be clear in your NOD about why you are dissatisfied with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

You can file your NOD within one year of the date that you appealed the unfavorable decision. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will scrutinize all evidence presented before making a decision. A competent attorney will make sure that all evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused or aggravated by their military service, could be eligible for disability benefits. These veterans may receive a monthly monetary payment based on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file claims, obtain required medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or a dispute 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 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 also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to transition to changing careers when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans disability lawyer to receive both disability benefits from the VA and veterans disability lawyer Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their job. This includes adjustments in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nationwide job placement and business training program that assists disabled veterans find work and companies.

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

Employers can inquire for any accommodations to participate in the hiring process, such as more time to take tests or permission to give oral instead of written answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate unless it is apparent.

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 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 who have disabilities related to service struggle to find employment. To help them to find work, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily living, such as hearing and breathing, walking, or seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA does not cover certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who need them to complete their job. This is true unless the accommodation would cause undue hardship to the contractor. This includes modifying equipment, providing training, reassigning the duties to different positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.