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Veterans Disability Law

Veterans disability law covers a variety of issues. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied benefits or have low disability ratings when it should be higher. A qualified veteran benefits lawyer can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, assist you to 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 Notification of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

You are able to file your NOD within one year from the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will be given a date for hearing. It is important to have your attorney attend this hearing with you. The judge will go over the evidence and then make a final decision. A good attorney will make sure that all evidence is presented during your hearing. Included in this are any service records, health records that are private and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was triggered or worsened due to their military service could be eligible for disability benefits. These veterans disability lawsuits could receive an amount of money per month based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans in filing a claim, obtain necessary medical records and other documentation, fill out required forms and track the progress of the VA on their behalf.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation, or disputes about 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 prepared properly, and that additional SOCs are filled out with all of the required details to support every argument in an appeal.

Our lawyers can help veterans with disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job skills to help veterans prepare for civilian employment or to begin changing careers when their disabilities prevent them from being able to pursue meaningful employment. It is also possible for disabled veterans disability lawyers (made a post) to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans do their jobs. This includes changes in work duties or workplace changes.

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

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

An employer can ask applicants for any accommodations in the selection process, like extra time to take tests or permission to give verbal instead of written answers. However, the ADA does not permit an employer to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and enhance understanding of veteran concerns. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To help them get a job, the Department of Labor supports a national job resourcing and veterans disability lawyers information resource called EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and Veterans Disability Lawyers electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also limits the information employers are able to request regarding a person's medical background and also prohibits harassment and reprisals based on disability. The ADA defines disability as a condition that significantly limits one or more major aspects of daily living, including hearing and breathing, walking, and seeing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to complete their duties. This is the case unless the accommodation would cause undue hardship for the contractor. This includes altering equipment, providing training, transferring duties to other jobs or facilities, and buying adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If an individual has limited physical strength, employers should provide furniture with raised or lower surfaces or purchase specially designed keyboards and mice.