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Veterans Disability Law

veterans disability law firm disability law covers a range of issues. We work to help you get the benefits to which you are entitled.

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

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

Appeal

Many veterans are denied benefits or receive low disability ratings when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals process, identify what evidence you must submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, it is important to explain your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision, only the ones that are relevant.

You can file your NOD within one year of when you appealed an unfavorable ruling. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be given a date for hearing. Your attorney should be present to the hearing. The judge will look over all of your evidence before making a final decision. A good lawyer will ensure that all the required evidence is presented at your hearing. Included in this are service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a disabling mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. veterans disability law firm can receive a monthly monetary payment according to their disability rating, which is a percentage that shows the severity of their condition.

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 claims and collect the medical records they require, other documents, fill out required forms, and monitor the VA’s progress.

We can also assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over the evaluation of a percentage, or disputes about the date of rating that is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are submitted with all the necessary information to support every argument in a claim.

Our lawyers can assist veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment, or to adjust to a new career when their disabilities preclude their ability to pursue 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their job. This includes changes to job duties or workplace modifications.

Disabled veterans who are interested in employment may want to inquire with 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 businesses.

Veterans with disabilities who have been removed from the military can choose one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, quick access to employment, self-employment, and work through long-term services.

Employers can ask applicants whether they need any accommodations for the hiring process. For instance if they require longer time to complete an exam or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about discriminatory practices against disabled veterans should consider organizing training sessions for all employees to increase awareness and increase understanding of veteran issues. In addition, they can contact the Job Accommodation Network, a free consulting 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 related to service struggle to find work. To aid these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans disability lawyers looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. The ADA also restricts the information employers can request regarding a person's medical history and prevents harassment and retaliation because of disability. The ADA defines disability as a condition that substantially limits one or more major life activities such as hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must offer it unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, delegating duties to other jobs or facilities, and acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers should provide furniture with elevated or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical strength.