Veterans Disability Law

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

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

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

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be followed, and the law is ever-changing. A skilled lawyer can help you navigate the process, guide you identify what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, you are important to provide reasons why you disagree with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

Your NOD can be filed within one year from the date of the adverse decision you are appealing. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be notified of a date for hearing. It is essential that your attorney present at the hearing with you. The judge will look over the evidence and make a final decision. A good attorney will make sure that all the proper evidence is presented during your hearing. Included in this are service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was caused or worsened due to their military service, could be qualified for disability benefits. Veterans can receive monthly monetary compensation depending 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 get all benefits to which they're entitled. We assist veterans disability law firms to file an application and get the required medical records along with other documents as well as fill out the required forms, and track the VA’s progress.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that help veterans prepare for civilian employment, or to adjust to changing careers when their disabilities make it difficult for them to find meaningful work. Veterans with disabilities might 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 (ADA) prohibits discrimination against veterans disability law firms who have disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to complete their duties. This includes changes in the work environment or job duties.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow 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 whether they require any accommodations in the hiring process, including more time to take an exam or the ability to provide verbal answers instead of written answers. The ADA doesn't allow employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To help these veterans with their job search, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also limits the information employers can request regarding a person's medical history and prevents harassment and revenge because of disability. The ADA defines disability as a condition that substantially hinders one or more major life activities, such as hearing, sight, walking, breathing, sitting, standing, learning and working. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do work, the employer must provide it, unless it causes undue hardship on the contractor's business. This can include changing equipment, offering training, shifting the duties to different positions or bridgejelly71>j.u.dyquny.uteng.Kengop.enfuyuxen facilities, and acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must furnish furniture with higher or lower surfaces, or purchase keyboards and mice that have been adapted for people who have restricted physical dexterity.