Veterans Disability Law

Veterans disability law covers a range of issues. We will work to ensure you receive the benefits you have earned.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is well-prepared and you can track the progress of your claim.

USERRA requires that employers offer reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay, as well as training, as well as other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and Veterans Disability lawyer procedures that must be followed and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to describe the reasons you don't agree with the decision. You don't have to include all the reasons why you are not happy with the decision. Just those that are relevant.

The NOD can be filed within one year from the date of the unfavorable decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be notified of a date for hearing. Your attorney should be present to the hearing. The judge will review the evidence you have presented before making a final decision. A competent attorney will make sure that all of the required evidence is presented at the hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

veterans disability attorney suffering from a debilitating physical or mental disorder that was caused or worsened through their military service could qualify for disability benefits. Veterans disability lawyer may receive an annual monetary payment depending on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing an application and get the necessary medical records along with other documents as well as fill out the required forms, and monitor the VA’s progress.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date of the rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required information needed to support every argument in a claim.

Our lawyers can assist veterans suffering from disabilities related to their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian jobs or to be able to adjust to a different profession in the event that their disabilities hinder them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans disability law firm to complete their job. This includes changes in the work environment or job duties.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that assists disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different paths to work. This includes reemployment with same employer; quick access to employment; self-employment and employment through long-term care.

An employer may ask applicants whether they require any accommodations in the hiring process, for example, more time to sit for a test or permission to provide verbal answers instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider having training sessions available to all employees to increase awareness and enhance understanding of veteran issues. Additionally they can contact the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult finding employment. To help them, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring promotions or 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 that restricts one or more of the important life activities, including hearing, seeing, walking, breathing, sitting, standing and working. The ADA excludes some conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, supplying training, and transferring responsibility to different locations or positions as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. If an individual has limited physical dexterity, a company must supply furniture with raised or lowered surfaces, or purchase adapted mouses and keyboards.