Veterans Disability Law

Veterans disability law is a vast area. We will do our best to get you the benefits you deserve.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits disability discrimination in the hiring process, firms promotions and pay as well as in 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 lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. An experienced lawyer can help you navigate the process, help determine what evidence should be included in your appeal and help you build a strong argument for your case.

The VA appeals procedure begins with a Notification of Disagreement. It is important to state clearly in your NOD on the reason you are dissatisfied with the decision. It is not necessary to list every reason why you disagree with, but only those that are relevant.

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

After the NOD is filed, you will be notified of the date for your hearing. You must bring your attorney to this hearing. The judge will review your evidence and make a decision. A good lawyer will ensure that all the necessary evidence is presented during your hearing. Included in this are service records, health records that are private and Vimeo C&P tests.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused by or worsened as a result of their military service could be eligible for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help veterans to file claims and collect the necessary medical records, other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date for rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary information are filed when a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to prepare them for civilian employment or to be able to adjust to a different profession in the event that their disabilities hinder them from finding work that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled nephi veterans disability law firm to perform their job. This includes modifications to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. It is a nationwide job placement and training program that helps disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose between five different paths to a job. This includes reemployment with same employer; rapid access to employment; self-employment and employment through long-term services.

Employers may ask applicants if they require any modifications for the hiring process. For example, if they need longer time to complete the test or if they feel it is okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may think about holding training sessions for all of their employees to increase awareness and understanding of issues faced by veterans. In addition they can contact the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To aid these veterans with their job search, the Department of Labor funds EARN, a national resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also restricts the information employers can inquire about a person's medical history and prevents harassment or discrimination in response to disability. The ADA defines disability as a condition that significantly limits one or more major life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA does not cover certain conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This includes modifying equipment, providing training, shifting tasks to other jobs or facilities, and buying adaptive hardware or software. For example, if an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If a person has limited physical strength, the employer should provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.