Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We make sure that your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities acquired during military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay and also in training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or have a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an 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 is constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you must submit in your appeal, and help you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is crucial to state your reasons for disagreeing 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 from the date you appealed against the unfavorable ruling. If you require additional time to prepare your NOD, an extension could be granted.

Once the NOD is filed, you will be given a date for your hearing. You must bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a decision. A competent attorney will make sure that all of the required evidence is presented at the hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and is the result of or aggravated by their military service, could be qualified for disability benefits. They may be eligible for an amount of money per month based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We help veterans to file an application and obtain the medical records they require, other documents to complete the necessary forms, and track the progress of the VA.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements over an evaluation percentage or disputes about the date of effective of a rating. If a case will be subject to an appeals hearing, Veterans Disability law firms our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that further SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can also assist 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 employment or to transition to changing careers when their disabilities hinder their ability to find meaningful work. Veterans with disabilities might 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 with disabilities, which includes those who may have been incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans disability law Firms to perform their duties. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and training program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different routes to gain employment. The five options include reemployment with the same company, fast access to employment, self-employment and work through long-term services.

Employers may ask applicants if they require any accommodations in the hiring process. For example the need for more time to complete the test or if it is okay to speak instead of writing their answers. However, the ADA does not allow employers to inquire about a person's disability status unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and enhance understanding of veteran issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans disability attorneys with disabilities resulting from service are unable to obtain 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 offers this free telephone and electronic system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions or Veterans Disability Law Firms benefits, as well as other terms and conditions of employment. 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 restricts one or more of the major life activities, like hearing, seeing breathing, walking sitting, standing and working. The ADA does not cover certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it, unless it causes undue hardship on the contractor's business. This includes altering the equipment, supplying training and shifting responsibilities to different locations or positions and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or buy keyboards and mice adapted for people who have limited physical strength.