Veterans Disability Law

The law governing veterans disability is a vast area. We will help you help you get the benefits you are entitled to.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities acquired during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or have a low disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can guide you through the process, assist you to determine the right evidence to be submitted with your appeal, and create a compelling case for your case.

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

You may file your NOD within one year from when you appealed an unfavorable decision. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will be notified of the date for your hearing. It is crucial to have your attorney attend the hearing along with you. The judge will review all of your evidence before making a decision. A competent attorney will make sure that all evidence is presented at the hearing. This includes any service records, medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition which was caused or aggravated through their military service may be eligible for disability benefits. They can receive a monthly monetary payment dependent on their disability score, which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans disability lawyer to file an application and get the medical records they require, other documents as well as fill out the required forms, and track the VA’s progress.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or a dispute over the date of effective rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector or to begin the new job market if their disabilities preclude their ability to pursue meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities do their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide training and job placement program that helps connect disabled veterans disability lawsuits to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the hiring process. For instance that they require longer time to complete the test or if it is okay to speak instead of writing their answers. However, the ADA does not permit an employer to inquire about a person's disability status unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans disability lawyers ought to consider organizing training sessions for all employees to raise awareness and better understand veteran issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to obtain employment. To aid these veterans to find work, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also restricts the information employers may request regarding a person's medical history and prevents harassment or reprisals based on disability. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily life, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning, etc. The ADA excludes certain ailments that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This includes altering the equipment, supplying training and transferring responsibilities to other positions or places, as well as acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. If an individual has limited physical dexterity, a company must supply furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.