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Veterans Disability Law

The law governing veterans disability is a broad area. We help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied benefits or have low disability ratings when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer can help you navigate the process, guide you identify what evidence should be included in your appeal and build a strong case for your case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it is important to describe your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision. Just those that are relevant.

The NOD can be filed within one year from the date of the adverse decision you want to appeal. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed after which you will be given a date for your hearing. You must bring your attorney to the hearing. The judge will look over the evidence and then make a final decision. A good attorney will make sure that all the evidence needed is presented at the hearing. Included in this are any service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a disabling physical or mental condition that was caused or aggravated through their military service could be eligible for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans with filing claims, get the necessary medical records as well as other documents, fill out required forms and track the progress of their VA claim on their behalf.

We also can assist with appeals for any VA decision. 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 company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are submitted with all the necessary information to back every argument in a claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans disability lawsuits to prepare them for civilian jobs or to adjust to a new career in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their duties. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a national job placement and business training program that assists disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to gain employment. The five options include reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

Employers may ask applicants for any special accommodations to participate in the hiring process, including more time to take tests or permission to give verbal instead of written answers. But the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and improve understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans disability law firms (http://shinhwaspodium.com) with disabilities caused by service have difficulty to find employment. To help these veterans to find work, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to ask about a person's health background and also prohibits harassment and discrimination due to disability. The ADA defines disability as a condition that restricts one or more important life activities, such as hearing, sight, walking, breathing, standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must provide it, unless it creates a hardship on the contractor's business. This can include altering the equipment, offering training and reassigning responsibilities to different positions or locations and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. If an individual has limited physical strength, the employer should provide furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.