Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is properly prepared and track the progress of your case.

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

Appeal

Many veterans disability law firm are denied benefits or receive an unsatisfactory disability rating when they should receive a higher rating. 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 numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, assist you to determine what evidence you should included in your appeal and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to be clear in your NOD on the reason you do not agree with the decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.

Your NOD can be submitted within one year of the date of the adverse decision that you are appealing. If you require more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will be notified of an appointment for hearing. It is important to have your attorney present at the hearing with you. The judge will review the evidence and make a final decision. A good attorney will make sure that all of the required evidence is presented during your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical health issue that is incapacitating and is the result of or worsened as a result of their military service could be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating, which is a percentage which indicates the severity of their problem.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans in filing a claim and obtain the required medical records and other documents as well as fill out the required forms, and track the progress of the VA.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of a 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 further SOCs are filed with all the required information needed to support each argument in the claim.

Our lawyers can help veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian work or learn to adapt to a new job in the event that their disabilities hinder them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their duties. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nationwide job-training and placement program that helps connect disabled veterans to jobs and businesses.

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

Employers may ask applicants whether they require any modifications to participate in the hiring process, for example, more time to take a test or permission to give verbal instead of written answers. But the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers that are concerned about discrimination against disabled veterans disability attorney ought to consider conducting training sessions for all employees to raise awareness and enhance understanding of veterans' issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To aid these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. It is funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more essential life activities, such as hearing, sight, walking, breathing, sitting, standing, learning and working. The ADA does not cover certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled Veterans disability Lawyers who require them to do their job. This is the case unless the accommodation creates unnecessary hardship to the contractor. This includes modifying equipment, providing training, shifting tasks to other locations or positions, and acquiring 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. If a person is unable to exercise physical strength, the employer must provide furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.