Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to ensure you receive the benefits you deserve.

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

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that arise during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay and also in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for veterans disability claim Claims. The process is complicated, 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 type of evidence you need to present in your appeal, and help to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you are dissatisfied with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.

The NOD must be filed within a year of the date of the adverse decision that you are appealing. If you require more time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will be notified of a date for hearing. Your attorney should be present to the hearing. The judge will look over the evidence and make a decision. A good attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder which was caused or aggravated by their military service may be eligible for disability benefits. They may be eligible for an amount of money per month according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing claims, get the necessary medical records and other documentation, fill out necessary forms and keep track of the progress of the VA on their behalf.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements over the percentage evaluation, or disagreements regarding the effective date for the rating. Our firm will ensure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the relevant details are filed in the event that a case is taken to an appeals court.

Our lawyers can assist veterans disability compensation with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans disability attorneys for civilian work or to begin changing careers when their disabilities make it difficult for them to find meaningful work. It is also possible for disabled veterans disability compensation 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 who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their duties. This could include changes in the job description or changes to the workplace.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training that helps connect veterans with disabilities to jobs and businesses.

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

An employer may ask applicants for any modifications to participate in the hiring process, such as more time to sit for tests or permission to give verbal instead of written answers. The ADA doesn't allow employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans should consider having training sessions available to all employees to increase awareness and improve understanding of veteran concerns. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability lawsuit suffering from disabilities related to their military experience have difficult to find employment. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. It is funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the major life activities including hearing, seeing, walking, breathing, sitting, Veterans disability law standing and working. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete a job, an employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes altering equipment, providing training, shifting the duties to different locations or positions, and buying adaptive hardware or software. For example in the event that an employee is visually impaired or blind employers must purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. If an individual has limited physical dexterity, a company must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.