Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is completed and tracked your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions and pay and training, as well as other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer can guide you through the process, assist you to determine what evidence you should included in your appeal and develop a convincing argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, you are 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, just the ones that are relevant.

You are able to file your NOD within one year from the date you appealed the unfavorable decision. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and you have been assigned a time for your hearing. You should bring your attorney to this hearing. The judge will review your evidence and make a final decision. A competent attorney will make sure that all the evidence needed is presented at your hearing. This includes any service records, medical records and Firm C&P tests.

Disability Benefits

Veterans who suffer from a debilitating physical or mental condition which was caused or aggravated by their military service may qualify for disability benefits. Veterans can receive a monthly monetary payment depending 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 get all the benefits to which they have a right to. We assist veterans in filing an application and obtain the required medical records, other documents to complete the necessary forms, and monitor the progress of the VA.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disagreements over the date of rating that is effective. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that further SOCs are filled out with all of the required information needed to support each argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian work or to begin a new career when their disabilities hinder their ability to find 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their job. This includes changes in work duties or workplace changes.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program which assists veterans with disabilities to jobs and businesses.

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

An employer can ask applicants to provide any special accommodations to participate in the selection process, like more time to take an exam or the ability to provide verbal answers instead of written answers. The ADA does not allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider holding training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult to get a job. To assist these veterans with their job search, the Department of Labor funds EARN, a national resource for information and job vacancies. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as the condition that significantly restricts one or more major aspects of daily living, such as hearing and seeing, walking, breathing. Standing, sitting or working, learning and learning, etc. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must offer it unless it would impose undue hardship on the contractor's business. This can include changing equipment, providing training, transferring duties to other locations or positions, and purchasing adaptive software or hardware. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, Braille and talking calculators devices. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mice that have been made for those with limited physical strength.