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Veterans Disability Law

Veterans disability law is a broad area. We will fight to help you get the benefits you have earned.

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

USERRA obliges employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions and pay and also in training, and other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or receive low ratings that ought to be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to and the law is ever-changing. An experienced lawyer can guide you through the process, help identify what evidence should be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it's important to describe your reasons for disagreeing with the decision. It is not necessary to list every reason that you disagree with, but only those that are pertinent.

You can file your NOD within one year from the date you appealed against the unfavorable ruling. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD is filed, you will be assigned a date for your hearing. It is crucial that your attorney be present along with you. The judge will review your evidence prior to making a decision. A competent attorney will make sure that all the proper evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused by or worsened as a result of their military service could be eligible for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans in filing an application, obtain the required medical records and other documents, complete required forms and track the progress of the VA on their behalf.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date of a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that the additional SOCs are submitted with all the necessary details to support every argument in a claim.

Our lawyers can assist veterans disability claim suffering from disabilities arising from their military service when applying for vocational rehabilitation services. This program provides education, training, and job skills for veterans to help them prepare for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

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

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a national job-training and placement program that assists disabled veterans to jobs and businesses.

veterans disability lawsuit with disabilities who are separating from the military could follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment, self-employment and employment through long-term services.

Employers may ask applicants if they require any modifications for the selection process. For example if they require more time to complete the test or if it's okay to talk instead of write their answers. But the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for all of their staff in order to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to find work. To help these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical history and prevents harassment or retaliation because of disability. The ADA defines disability as a condition which significantly restricts one or more major life activities such as hearing, sight, walking, breathing, sitting, Veterans Disability Law standing, learning, and working. The ADA excludes some conditions that are common among veterans disability lawsuit, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to do their duties. This is the case unless the accommodations would create unnecessary hardship for the contractor. This could include modifying equipment, providing training, transferring tasks to other jobs or facilities, and acquiring adaptive hardware or software. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must provide furniture with raised or lower surfaces or purchase keyboards and mouse that are made for those with restricted physical dexterity.