Veterans Disability Law

Veterans disability law covers a variety of issues. We assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to offer reasonable accommodations to employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating that ought to be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help determine what evidence you should included in your appeal, and help you build a strong argument for your case.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision, but only the ones that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you're appealing. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be notified of an appointment for hearing. You should bring your attorney to the hearing. The judge will examine the evidence and then make a final decision. An experienced attorney will ensure that all of the required evidence is presented during your hearing. This includes all service records, medical records and C&P tests.

Disability Benefits

veterans disability lawyer suffering from a crippling physical or mental condition which was caused or aggravated through their military service could qualify for disability benefits. These veterans may receive monthly monetary payments based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans to file claims and collect the required medical records, other documents as well as fill out the required forms, and keep track of the progress of the VA.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of the rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the required information are filed if a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to transition to the new job market if their disabilities hinder their ability to find a job that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

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 that employers offer reasonable accommodations for disabled veterans to complete their job. This includes changes in work duties or workplace changes.

Veterans with disabilities who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that assists disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select among five paths to gain employment. This includes reemployment with the same employer; fast access to employment, self-employment and employment through long-term services.

An employer can ask applicants for any accommodations to participate in the hiring process, including more time to take tests or permission to give oral instead of written answers. The ADA doesn't allow employers to inquire about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. Additionally, they can contact the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans disability lawyer with service-related disabilities find it difficult to obtain employment. To help them to find work, the Department of Labor supports a national job referral and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, veterans disability lawyer promotions or benefits. It also restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more major activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete a job, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This can include altering the equipment, offering training and transferring responsibilities to different positions or locations in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, veterans disability lawyer talking calculators, Braille devices, and Braille displays. If an employee has limited physical strength, employers should provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.