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Veterans Disability Law

Veterans disability law covers a range of issues. We help you get 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 thoroughly prepared and track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay and also in training, as well as other terms, conditions of employment and privileges.

Appeals

Many veterans are denied disability benefits or are given low ratings that ought to 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 a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process begins with a Notice of Disagreement. In your NOD, you are important to explain why you disagree with the decision. You don’t have to include all the reasons why you are not happy with the decision, 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. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. You must bring your attorney to the hearing. The judge will look over your evidence prior to making a final decision. A competent attorney will make sure that all the evidence needed is presented at the hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused by or aggravated by their military service, could be eligible for disability benefits. These veterans could receive an annual monetary payment according to the severity of their disability.

Our New York disability lawyers work to ensure that veterans get all benefits they’re entitled to. We help veterans file an application, obtain the required medical records and other documentation, fill out required forms and track the VA’s progress on their behalf.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements on a percentage evaluation or disputes over the effective date of rating. 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 additional SOCs are filed with all the required details to support every argument in an appeal.

Our lawyers can assist veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian employment or to adapt to a new profession in the event that their disabilities hinder them from finding work that is meaningful. Veterans with disabilities might 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 against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their job. This includes changes in the job description or changes to the workplace.

Disabled veterans seeking employment may wish to contact the Department of Labor’s Ticket to Work program. This is a national job placement and business training program that assists veterans with disabilities find jobs and companies.

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

Employers can inquire for any modifications to participate in the selection process, like extra time to take tests or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person’s disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might want to consider having training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans disability law firm. They can also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To help these veterans, the Department of Labor funds EARN, a national resource for job referrals and information. The program is supported 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 prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers are able to inquire about a person’s medical history and prevents harassment or discrimination due to disability. The ADA defines disability as a condition that significantly limits one or more major life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their job. This is the case unless the accommodation causes undue hardship to the contractor. This can include altering the equipment, offering training and transferring responsibilities to different positions or locations and acquiring adaptive software or hardware. For instance the case of an employee who is blind or visually impaired the employer has to purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mice that have been specifically designed for people with physical limitations.