Veterans Disability Law

The law governing veterans disability is a broad area. We assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is completed and tracked your case through the process.

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

Appeals

Many veterans are denied disability benefits or are given low ratings that isn't adequate. 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 that must be adhered to and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help determine what evidence you should submitted with your appeal, and develop a convincing argument for Vimeo your case.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's crucial to state why you are not happy with the decision. It is not necessary to list every reason you disagree, but only those that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and you have been given a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize your evidence prior to making a decision. A competent attorney will make sure that all the evidence needed is presented at your hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was triggered or worsened as a result of their military service, could be eligible for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing claims and collect the necessary medical records and other documents and fill out the required forms, and monitor the progress of the VA.

We can also assist with appeals of any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date of rating. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian jobs or to adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. 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 (ADA) prohibits discrimination against veterans with disabilities, including those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities perform their job. This includes adjustments to work duties or modifications to work environments.

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 placement and training program that helps veterans with disabilities to jobs and businesses.

veterans disability attorney with disabilities who have been removed from the military can follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; quick access to employment; self-employment; and employment through long-term services.

Employers may ask applicants if they require any accommodations to participate in the hiring process, including longer time to complete tests or permission to provide verbal answers instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

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

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To assist these veterans, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers can ask about a person's health history and prevents harassment or vimeo reprisals in response to disability. The ADA defines disability in terms of conditions that severely limit one or more major aspects of daily living, such as hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain ailments that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must provide it unless it creates a hardship on the contractor's business. This can include changing equipment, providing training, shifting the duties to different jobs or facilities, as well as buying adaptive hardware or software. For instance when an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. If an employee has limited physical strength, employers must supply furniture with raised or lowered surfaces, or purchase adapted mouses and keyboards.