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Veterans Disability Law

Veterans disability law is a broad field. We will fight to make sure you receive the benefits that you are entitled to.

Congress created the VA claim process to be veteran-friendly. We make sure your application is thoroughly prepared and track your case through the process.

USERRA obliges employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits or get an unsatisfactory disability rating when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be followed, and the law changes constantly. A skilled lawyer can guide you through 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 starts with a Notice of Disagreement. It is essential to state clearly in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list all the reasons you do not agree with the decision, but only those that are relevant.

The NoD is filed within one year of the date of the adverse decision that you are appealing. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD is filed, you will receive an appointment for hearing. It is essential that your attorney be present together with you. The judge will go over the evidence and make a final decision. A good attorney will ensure that all of the required evidence is presented during your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was aggravated or caused by their military service may qualify for disability benefits. They may be eligible for an annual monetary payment depending on the degree of their disability.

Our New York disability lawyers work to ensure that veterans disability law firm get all benefits they're entitled to. We assist veterans in filing claims, obtain required medical records and other documentation, fill out necessary forms and monitor the progress of the VA on their behalf.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for an evaluation. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary details are filed in the event that the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to help veterans prepare for civilian employment or to transition to an entirely new career if their disabilities prevent them from being able to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities to perform their duties. This could include changes in the work environment or job duties.

Veterans with disabilities who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select between five different paths to work. The five options include reemployment with the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

Employers can ask applicants whether they need any accommodations for the hiring process. For example if they require longer time to complete a test or if it's acceptable to speak instead of writing their answers. However, the ADA does not permit an employer to ask about a person's disability unless it is apparent.

Employers who are concerned about discriminatory practices against disabled veterans disability lawyer should think about conducting training sessions for all employees to raise awareness and better understand veterans' issues. Additionally they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firms who have disabilities caused by service have difficulty to find employment. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. Funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers are able to ask about a person's health history and prohibits harassment and reprisals because of disability. The ADA defines disability as a condition which significantly restricts one or more of the important life activities, veterans disability lawyer such as hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, such as post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete a job, an employer must provide it unless it creates a hardship on the contractor's business. This includes modifying the equipment, offering training and transferring responsibilities to different positions or locations and acquiring adaptive hardware or software. For instance, if an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mouse that are specially designed for those with restricted physical dexterity.