Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is completed and tracked your case through the process.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A lawyer for veterans benefits can help you 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. An experienced lawyer can help you navigate the process, help identify what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD of the reasons you do not agree with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You can file your NoD within one year of when you appealed an unfavorable ruling. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a date for your hearing. It is essential that your attorney attend the hearing along with you. The judge will scrutinize all of your evidence before making a final decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated through their military service may qualify for disability benefits. These veterans Disability lawyer may receive a monthly monetary payment according to their disability rating, which is a percentage that shows the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans to file a claim and obtain the medical records they require along with other documents to complete the necessary forms, and keep track of the progress of the VA.

We also can assist with appeals to any VA decision. 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. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are prepared with all the necessary information needed to support every argument in the claim.

Our lawyers can help veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian work or to begin changing careers when their disabilities make it difficult for them to find work that is meaningful. Veterans with disabilities may 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 with disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their duties. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be an option for veterans Disability lawyer disabled veterans interested in finding work. This is a nationwide employment and business training program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment, self-employment and employment through long-term services.

An employer can ask applicants to provide any modifications to participate in the hiring process, such as longer time to complete tests or to give oral instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans ought to consider holding training sessions for all employees to raise awareness and increase understanding of veterans' issues. Additionally, they can seek out the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly hinders one or more major life activities like hearing, seeing, walking, breathing, sitting, standing, learning and working. 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 disability lawsuit who require them in order to perform their duties. This is true unless the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, providing training and reassigning responsibilities to different locations or positions as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and veterans disability lawyer Braille displays. If an individual has limited physical dexterity, an employer must provide furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.