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Veterans Disability Law

Veterans disability law is a broad field. We will do our best to help you get the benefits you are entitled to.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is properly prepared and track the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help to build a strong case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you are dissatisfied with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

You are able to file your NOD within one year from the date that you appealed the unfavorable ruling. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD is submitted, you will be provided with an appointment for hearing. It is important to have your attorney attend this hearing together with you. The judge will examine your evidence and make a final determination. A good lawyer will make sure that all of the necessary evidence is presented at your hearing. Included in this are service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was caused or worsened by their military service may be qualified for disability benefits. These veterans may receive monthly monetary payments dependent on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans in filing a claim, obtain necessary medical records and other documents, complete necessary forms and monitor the progress of their VA claim on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the effective date of rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are filed with all the required information to support each argument in an appeal.

Our lawyers can help veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian work or adapt to a new profession when their disabilities keep them from working in a meaningful way. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans disability lawyers with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their jobs. This could include changes to job duties or modifications to work environments.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment; self-employment; and work through long-term service.

Employers may ask applicants if they require any modifications for the selection process. For example if they require more time to complete a test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to ask about disability unless it's obvious.

Employers who are concerned about discriminatory practices against disabled veterans must consider organizing training sessions for all employees to raise awareness and increase understanding of veterans' issues. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult to get a job. To assist them with their job search, the Department of Labor veterans disability lawyer supports a national job referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans disability lawyer - Click On this page, seeking jobs.

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

If a disabled veteran requires an accommodation to perform the job, the employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, providing training, and transferring responsibility to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mouse that are specially designed for those with physical limitations.