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Veterans Disability Law

veterans Disability Lawyers disability law covers a wide variety of issues. We will help you ensure you receive the benefits you deserve.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA requires employers to provide reasonable accommodations for 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 or pay, as well other conditions, terms and privileges of employment.

Appeal

Many veterans are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to, and the law is constantly changing. A skilled lawyer can help you navigate the process, guide you determine what evidence you should included in your appeal and help you build a strong argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't have to include all the reasons you do not agree with the decision, just the ones that are relevant.

You may file your NOD within one year from the date that you appealed the unfavorable ruling. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will be notified of a date for hearing. It is important to have your attorney be present with you. The judge will scrutinize all evidence presented before making a decision. A good lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental condition which is disabling and was caused or worsened by their military service could be qualified for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file a claim, obtain necessary medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We can also assist with appeals to any VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date for rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs filled with all necessary information are filed if a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian jobs or to adjust to a new career when their disabilities keep them from working in a meaningful way. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their job. This includes modifications to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. It is a nationwide job placement and training program that assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

Employers can inquire whether they require any accommodations to participate in the selection process, like more time to sit for an exam or the ability to provide oral rather than written answers. The ADA doesn't allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans might consider having 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 assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To assist them to find work, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also restricts the information employers are able to request regarding a person's medical history and prevents harassment and retaliation based on disability. The ADA defines disability as a condition that restricts one or more major life activities including hearing, seeing breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, providing training, delegating duties to other jobs or facilities, and buying adaptive hardware or software. For example the case of an employee who is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille and talking calculators devices. If an individual has limited physical strength, the employer must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.