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Veterans Disability Law

The law governing veterans disability is a vast area. We will do our best to help you get the benefits you deserve.

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay, as well as training, as well as other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits, or receive low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed, and the law is always changing. An experienced lawyer can help you navigate the process, assist you to determine the right evidence to be included in your appeal and develop a convincing argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is important to provide reasons why you are not happy with the decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.

Your NOD can be filed within one year of the date of the adverse decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed and the NOD is filed, you will be assigned a date for your hearing. It is crucial to have your attorney attend this hearing along with you. The judge will review the evidence you have presented before making a final decision. A good attorney will make sure that all the proper evidence is presented at your hearing. Included in this are medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition that was aggravated or caused by their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their problem.

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 in filing an application, obtain the required medical records as well as other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist in appeals of any VA decision, including denials of benefits, disagreements with the percentage evaluation, or disagreements about the date of effective of an evaluation. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required details are filed in the event that the case is brought to an appeals court.

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 to help veterans prepare for civilian employment or to begin an entirely new career if their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

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

Veterans disability Lawyer with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training that helps disabled veterans 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). These include reemployment with same employer, rapid access to employment, self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the selection process. For instance that they require more time to finish the test or if they feel it is okay to speak instead of writing their 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 may want to consider having training sessions for their entire staff to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To assist these veterans with their job search, the Department of Labor funds EARN an online resource that provides job referrals and information. It is funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to ask about a person's health background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is not the case if the accommodation causes undue hardship for the contractor. This can include altering the equipment, supplying training and reassigning responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. For example when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. If an individual has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.