Veterans Disability Law

Veterans disability law is a broad area. We will work to ensure you receive the benefits you deserve.

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

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or aggravated by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay and also in training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. An experienced veteran benefits attorney can help you file an appeal to 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 constantly changing. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present to support your appeal and assist you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to explain why you disagree with the decision. You don't need to list all the reasons you disagree with the decision, but only those that are relevant.

You are able to file your NOD within one year of when you appealed an unfavorable decision. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD is submitted, you will be provided with an appointment date. It is crucial to have your attorney present at the hearing together with you. The judge will examine your evidence and make a final decision. A good attorney will make sure that all the proper evidence is presented during your hearing. This includes any service records, medical records and any C&P exams.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was triggered or aggravated by their military service, may be eligible for disability benefits. They can receive a monthly monetary payment based on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file a claim and obtain the medical records they require, other documents, fill out required forms, and monitor the progress of the VA.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or a dispute over the date of effective rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the relevant information are filed if an appeals court is involved. an appeals court.

Our lawyers can assist veterans with disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans disability lawyer for civilian employment, or to adjust to changing careers when their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their duties. This could include changes in job duties or workplace modifications.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment; and employment through long-term care.

Employers may ask applicants for any accommodations in the hiring process, such as more time to sit for tests or permission to provide verbal answers instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might think about conducting 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 consultation service that offers customized workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To assist these veterans with their job search, the Department of Labor supports a national job-related referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also limits the information employers may ask about a person's health history and prevents harassment or revenge due to disability. The ADA defines disability as a condition that hinders one or more major life activities, like hearing, seeing breathing, walking, sitting, standing, and working. The ADA does not cover certain conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who need them to do their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This includes altering equipment, offering training, transferring tasks to other jobs or facilities, as well as buying adaptive hardware or software. For instance, if an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If a person has limited physical dexterity, a company should provide furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.