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Veterans Disability Law

Veterans disability law covers a variety of issues. We will do our best to ensure you receive the benefits you deserve.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred during military service or veterans disability law made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given low ratings that ought to be higher. A lawyer for veterans disability lawsuit benefits can help you 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 knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help to build a strong case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is important to explain why you are not happy with the decision. You don't have to list 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 you appealed against the unfavorable decision. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD is filed, you will be given a date for your hearing. It is important to have your attorney present at the hearing with you. The judge will scrutinize all of your evidence before making a decision. A good attorney will make sure that all the proper evidence is presented at your hearing. This includes all service records, Veterans disability Law medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was triggered or aggravated by their military service, could be eligible for disability benefits. Veterans may receive an annual monetary payment according to the degree of their disability.

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

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

Our lawyers can assist veterans disability lawsuit with disabilities arising from their service in applying for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian work or adapt to a new profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their jobs. This includes adjustments to job duties and changes to the workplace.

Disabled veterans 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 helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select between five different paths to gain employment. These include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term services.

An employer can ask applicants whether they require any accommodations in the hiring process, including more time to take an exam or the ability to provide oral rather than written answers. But the ADA does not allow an employer to ask about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans should consider having training sessions available to all employees to increase awareness and better understand veteran-related issues. In addition, they can contact the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans, the Department of Labor supports a national job referral and information resource called EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily life, such as hearing and walking, breathing, seeing. Standing, sitting or working, learning and more. The ADA excludes some conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans disability attorneys who require them in order to perform their job. This is true unless the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, offering training, and transferring responsibility to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, which includes electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers must offer furniture with higher or lower surfaces or purchase keyboards and mice adapted for people who have limited physical dexterity.