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Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and follow your case through the process.

USERRA requires employers to offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for veterans disability law firm Claims. The process is complicated, with specific rules and procedures that must be adhered to, and the law changes constantly. An experienced lawyer will guide you through the appeals process, identify the evidence you need to submit in your appeal, and help you create a compelling argument.

The VA appeals procedure begins 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 list every reason you disagree, but only those that are relevant.

You are able to file your NOD within one year of the date that you appealed the unfavorable ruling. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed and you have been given a date for your hearing. You should bring your attorney to this hearing. The judge will go through all of your evidence before making a final decision. An experienced attorney will ensure that all of the required evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated through their military service could qualify for disability benefits. Veterans may receive a monthly monetary payment according to the severity of their disability rating.

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

We also can assist with appeals to any VA decision, including denials of benefits, disagreements on an evaluation percentage or disputes over the effective date of an evaluation. 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 any additional SOCs are submitted with all the necessary information to back every argument in an appeal.

Our lawyers can assist veterans with disabilities that are related to their service to apply for vocational rehabilitation services. This program offers education, training and job-related skills for Veterans Disability Law Firms to help them prepare for civilian jobs or to adjust to a new career when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities may 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 prohibits discrimination towards veterans who have disabilities. This includes those that were caused or veterans disability law firms worsened by military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their duties. This could include changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a nation-wide job placement and training program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to work. This includes reemployment with the same employer; quick access to employment; self-employment and employment through long-term services.

Employers may ask applicants whether they require any modifications to participate in the hiring process, including extra time to take tests or permission to provide verbal answers instead of written answers. The ADA doesn't allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for all of their staff to increase awareness and understanding of veteran issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help these veterans to find work, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and other benefits. The ADA also limits the information employers are able to inquire about a person's medical history and prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that hinders one or more essential life activities, including hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations in order to perform their duties. This is not the case if the accommodation would cause undue hardship to the contractor. This includes modifying equipment, providing training, shifting tasks to other jobs or facilities, as well as acquiring adaptive hardware or software. For instance, if an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mouse that are specially designed for those with physical limitations.