Veterans Disability Law

The law governing veterans disability is a vast area. We will work to help you get the benefits you deserve.

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay and training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for veterans disability attorney Claims. The process is complicated with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help you identify what evidence should be submitted with your appeal, Download free and create a compelling case for your claim.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it is important to describe why you disagree with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

You can file your NoD within one year of the date you appealed the unfavorable decision. If you require longer time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed and you have been given a date for your hearing. It is crucial that your attorney attend the hearing with you. The judge will go through all of your evidence before making a final decision. A good attorney will ensure that all of the required evidence is presented at the hearing. This includes any service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a debilitating physical or mental condition that was caused or aggravated through their military service may qualify for disability benefits. These veterans may receive a monthly monetary payment depending on the severity of their disability rating.

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

We can also assist with appeals of VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements about the date of effective of rating. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and [empty] that any additional SOCs are prepared with all the necessary information needed to support each argument in the claim.

Our lawyers can assist veterans with disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian employment or to learn to adapt to a new job when their disabilities keep them from finding meaningful work. Veterans with disabilities could 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 with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their duties. This includes adjustments to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans who are interested in a job. This is a national job placement and business training program that assists veterans with disabilities find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different paths to a job. The five options include reemployment with the same company, fast access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants for any special accommodations to participate in the hiring process, for example, more time to sit for an exam or the ability to provide oral rather than written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

Employers that are concerned about possible discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and better understand veteran 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 with disabilities resulting from service are unable to find work. To help these veterans, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also limits the information employers are able to request about a person's medical history and prevents harassment or retaliation because of disability. The ADA defines disability as a condition which significantly restricts one or more major life activities, such as hearing, sight breathing, walking, sitting, standing, learning, and working. The ADA excludes certain ailments that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must offer it unless it creates a hardship on the contractor's business. This includes modifying equipment, offering training, delegating tasks to other locations or positions, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice made for those with limited physical dexterity.