Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to make sure you receive the benefits that you are entitled to.

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is completed and tracked your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions, and pay, as well as training, and other employment terms, conditions, and privileges.

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be adhered to, and the law is ever-changing. A skilled lawyer can help you navigate the process, help determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to explain why you are not happy 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 has been filed, you will be assigned a date for your hearing. It is crucial to have your attorney attend the hearing along with you. The judge will review the evidence you have presented before making a decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. This includes all service records, medical records, and any C&P examinations.

Disability Benefits

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

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans to file a claim and obtain the medical records they require along with other documents and fill out the required forms, and track the progress of the VA.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes over the effective date of the rating. If a case goes to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are submitted with all the necessary details to support every argument in the claim.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to adapt to the new job market if their disabilities prevent them from being able to find meaningful work. veterans disability law firms with disabilities could also be eligible to receive both VA disability benefits and 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 caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This could include changes in work duties or workplace changes.

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

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

An employer may ask applicants to provide any modifications to participate in the hiring process, including longer time to complete tests or permission to give verbal instead of written answers. The ADA does not permit employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might think about having training sessions for their entire employees to increase awareness and understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, [Redirect-Java] a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to get a job. To help these veterans with their job search, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans disability attorney looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially limits one or more major life activities such as hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, providing training, transferring the duties to different locations or positions, and acquiring adaptive hardware or software. For example when an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with raised or lower surfaces, or purchase keyboards and mouse that are specially designed for those with physical limitations.