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Veterans Disability Law

Veterans disability law covers a wide range of issues. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred 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 or pay, as well as training, and other conditions, terms and benefits of employment.

Appeal

Many veterans disability attorneys are denied disability benefits or are given an inadequate rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is ever-changing. An experienced lawyer can guide you through the process, guide you identify what evidence should be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to state clearly in your NOD as to why you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision. Just those that are relevant.

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

After the NOD has been filed and you have been assigned a date and time for your hearing. Your attorney should be present to this hearing. The judge will review all of your evidence 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 service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused or worsened due to their military service could be qualified for disability benefits. veterans disability attorneys can receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their illness.

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

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date for the rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary details are filed in the event that the case is referred to an appeals court.

Our lawyers can assist veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to prepare them for civilian employment or to adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities could also be eligible for both VA disability benefits and 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 make reasonable accommodations to assist veterans with disabilities perform their jobs. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide program for job placement and business education program that assists veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to gain employment. This includes reemployment with same employer; rapid access to employment, self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they require any modifications for the selection process. For instance that they require more time to finish an exam or if it's okay to speak instead of write their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. In addition they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help them to find work, the Department of Labor funds EARN, a national resource for information and referrals to jobs. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans looking for veterans disability Lawyers work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as an illness that severely limits one or more major activities of daily living, including hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying, etc. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to do their duties. This is true unless the accommodation would cause undue hardship to the contractor. This includes altering equipment, providing training, shifting tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer must supply furniture that has raised or lowered surfaces, or purchase specially designed keyboards and mice.