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Veterans Disability Law

Veterans disability law is a broad field. We will help you get the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is correctly prepared and monitor the progress of your claim.

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

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for veterans disability compensation Claims. The process is very complex, with specific rules and procedures that must be followed, and the law changes constantly. A skilled lawyer can guide you through the process, assist you to determine what evidence you should included in your appeal and build a strong case for your claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to explain the reasons you don't agree with the decision. You don't have to include all the reasons you disagree with the decision. Just those that are relevant.

You can file your NOD within one year of when you appealed an unfavorable ruling. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will be given the date for your hearing. You should bring your attorney to this hearing. The judge will scrutinize all of your evidence before making a decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any medical records, service medical records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage that demonstrates the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file an application and get the required medical records along with other documents as well as fill out the required forms, and keep track of the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides education, training, and job skills for veterans disability legal to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from obtaining meaningful employment. 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 make reasonable accommodations for disabled veterans do their job. This includes changes to the job description or changes to the workplace.

Disabled veterans who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that assists disabled veterans find work and companies.

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

Employers can ask applicants whether they require any accommodations during the hiring process. For instance if they require longer time to complete a test or if it's acceptable to speak instead of write their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. In addition they can contact the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To assist these veterans with their job search, the Department of Labor supports a national job search and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans disability compensation looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information employers may inquire about a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting and working, as well as learning and learning, etc. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must offer it unless it creates a hardship on the contractor's business. This can include changing equipment, offering training, delegating tasks to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Veterans Disability law Braille devices, Veterans disability law and Braille displays. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mouse that are adapted for people who have physical limitations.