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Veterans Disability Law

Veterans disability law is a vast area. 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 make sure that your application is properly prepared and track the progress of your case.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. It is not necessary to list all the reasons you disagree with the decision, only those that are relevant.

The NOD must be filed within a year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed, you will be assigned a time for your hearing. You should bring your attorney to this hearing. The judge will scrutinize all evidence presented before making a final decision. A good lawyer will make sure that all the required evidence is provided during your hearing. Included in this are any medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and was triggered or aggravated by their military service may be qualified for disability benefits. These veterans may receive monthly monetary compensation dependent on their disability score which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file an application and get the medical records they require, other documents and fill out the required forms, and track the progress of the VA.

We can also assist with appeals of VA decisions, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date for an evaluation. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that further SOCs are submitted with all the necessary information to support each argument in the claim.

Our lawyers can assist veterans suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian work or adjust to a new career 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist veterans disability lawsuit with disabilities perform their jobs. This includes modifications to job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans looking to find work. This is a nation-wide program for job placement and training that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment and work through long-term services.

An employer may ask applicants whether they require any special accommodations to participate in the hiring process, for example, longer time to complete tests or permission to give oral instead of written answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless it is apparent.

Employers that are concerned about possible discrimination against disabled veterans disability attorney should think about organizing training sessions for all employees to increase awareness and increase 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 suffering from disabilities related to their military experience have difficult to find work. To help these veterans get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported 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 who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also restricts the information employers are able to ask about a person's health history and prohibits harassment and discrimination because of disability. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, including hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain ailments that are common among Veterans Disability Lawyers, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes altering equipment, providing training, reassigning the duties to different jobs or facilities, 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, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, an employer should provide furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.