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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be adhered to, and the law is always changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present with your appeal and help you prepare a convincing argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to be clear in your NOD as to why you are not happy with the decision. It is not necessary to list every reason that you disagree, but only those that are pertinent.

You may file your NOD within one year from the date that you appealed the unfavorable ruling. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of a date for hearing. Your attorney should be present to the hearing. The judge will examine the evidence and then make a final decision. A competent lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and is the result of or worsened due to their military service could be eligible for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating which is a percentage that shows the severity of their problem.

Our New York disability lawyers work to ensure that Veterans Disability Law Firms get all benefits to which they're entitled. We assist veterans to file an application and obtain the required medical records along with other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or a dispute over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to help them prepare for civilian employment or to adapt to a new profession when their disabilities keep them from obtaining 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, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their jobs. This includes changes to the work environment or job duties.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide training and job placement program that helps disabled veterans to jobs and businesses.

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

Employers can inquire for veterans disability law Firms any accommodations to participate in the hiring process, including longer time to complete an exam or the ability to give verbal instead of written answers. But the ADA does not permit an employer to ask about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find work. To help them to find work, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone number and an electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers may inquire about a person's medical history and prevents harassment and discrimination 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 at a desk, working, studying and so on. The ADA excludes some conditions that are common in veterans disability lawsuits, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This can include altering the equipment, offering training and transferring responsibilities to other positions or locations and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mouse that are specially designed for those with physical limitations.