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Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. 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 who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay as well as in training, and other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it is crucial to state why you are not happy with the decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you're appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. It is crucial that your attorney be present with you. The judge will go over the evidence and then make a final decision. An experienced attorney will ensure that all the evidence needed is presented at your hearing. Included in this are any service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a disabling mental or physical condition that was aggravated or caused by their military service may qualify for disability benefits. These veterans could receive monthly monetary payments according to the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file an application, obtain the required medical records and other documentation, fill out necessary forms and monitor the progress of their VA claim on their behalf.

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

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to transition to a new career when their disabilities prevent them from being able to pursue meaningful employment. 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 who have disabilities, veterans disability lawyers which includes those that may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. It is a nationwide job-training and placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to employment. These include reemployment with the same employer, rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers may ask applicants for any accommodations in the hiring process, including extra time to take tests or to provide verbal answers instead of written answers. However, the ADA does not permit an employer to ask about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans disability lawsuits suffering from disabilities related to their military experience have difficult finding employment. To aid these veterans in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled Veterans Disability lawyers who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information employers can request and prohibits harassment based on disability and Veterans disability Lawyers retaliation. The ADA defines disability as conditions that severely limit one or more major activities of daily life, such as hearing and breathing, walking, or seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain ailments that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete a job, an employer must accommodate it unless it creates a hardship on the contractor's business. This includes modifying the equipment, providing training and reassigning responsibilities to other positions or places and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person is unable to exercise physical dexterity, an employer must provide furniture with raised or lowered surfaces, or purchase adapted mouses and keyboards.