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Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help you determine the right evidence to be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is crucial to make clear in your NOD as to why you disagree with the unfavorable decision. You do not have to list every reason you disagree with, but only those that are pertinent.

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

After the NOD has been filed, you will be notified of an appointment for hearing. It is crucial that your attorney attend the hearing with you. The judge will look over your evidence and make a decision. An experienced attorney will ensure that all of the required evidence is presented at the hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

veterans disability lawyer who suffer from a debilitating physical or mental disorder that was caused or worsened through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans in filing claims, get the necessary medical records and other documents, complete necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date for an evaluation. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

Our lawyers can help veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program offers training, education, and job skills for veterans to prepare them for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This could include changes in work duties or workplace changes.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans disability lawyer find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select between five different paths to gain employment. The five options include reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

Employers may ask applicants if they need any accommodations for the hiring process. For instance if they require longer time to complete the test or if it's acceptable to speak instead of writing their answers. The ADA does not permit employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans should think about organizing training sessions for all employees to increase awareness and improve understanding of veteran-related issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many Veterans Disability lawyer who have disabilities caused by service have difficulty to find employment. To assist them get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can ask about a person's health history and prevents harassment or retaliation based on disability. The ADA defines disability as a condition that restricts one or more major life activities, such as hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain ailments that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require them in order to perform their job. This is true unless the accommodation would cause undue hardship for the contractor. This could include modifying the equipment, providing training, and transferring responsibility to different positions or locations and acquiring adaptive hardware or software. For instance in the event that an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mice that are made for those with restricted physical dexterity.