Veterans Disability Law

Veterans disability law covers a variety of issues. We will work to make sure you receive the benefits that you have earned.

Congress created the VA claim process to be a veteran-friendly one. We ensure that your application is completed and tracked your case through the process.

USERRA stipulates that employers must provide reasonable accommodations for employees who have disabilities that are a result of military service or that are 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 receive a low rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit with your appeal and help you build a strong claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is crucial to state your reasons for disagreeing with the decision. You don't have to list all the reasons you disagree with the decision, only those that are relevant.

The NOD must be filed 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 submitted, you will be provided with the date for your hearing. It is important to have your attorney be present along with you. The judge will examine your evidence and make a final determination. A competent attorney will make sure that all of the required evidence is presented during your hearing. Included in this are any service records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and was caused or worsened by their military service, could be eligible for disability benefits. These veterans could receive an annual monetary payment according to the degree of their disability.

Our New York disability lawyers work to ensure veterans disability lawyers receive all benefits they're entitled to. We assist veterans to file claims, obtain required medical records as well as other documents, fill out necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disputes 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 prepared correctly, and that additional SOCs are prepared with all the necessary information to back each argument in an appeal.

Our lawyers can assist veterans suffering from disabilities that are related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian work or to transition to a new career when their disabilities prevent them from being able to find meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawyers with disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their duties. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans disability lawyers interested in finding work. This is a nationwide program for job placement and business education program that helps disabled veterans find employment and businesses.

Veterans with disabilities who are leaving from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment, and employment through long-term military service.

Employers can inquire to provide any special accommodations to participate in the selection process, like longer time to complete tests or permission to provide verbal answers instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for all of their employees to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To assist these veterans, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to ask about a person's health history and prevents harassment or revenge because of disability. The ADA defines disability as an illness that severely limits one or more major aspects of daily living, such as hearing and seeing, walking, breathing. Standing, sitting, working, learning and more. The ADA excludes certain conditions that are common for veterans, like post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the 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 locations or positions and acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or purchase keyboards and mice specially designed for those with limited physical dexterity.