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Veterans Disability Law

The law governing veterans disability law firms disability is a broad area. We will do our best to help you get the benefits you deserve.

Congress created the VA claim process to be more accommodating for veterans. We make sure that your application is well-prepared and you can track the progress of your claim.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities that arise during military service, 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 veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed, and the law is ever-changing. A skilled lawyer can help you navigate the process, guide you determine the right evidence to be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with a Notice of Disagreement. It is essential to make clear in your NOD as to why you are not happy with the decision. You don't have to include all the reasons you do not agree with the decision, only those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed and the NOD is filed, you will be assigned a date and time for your hearing. It is essential that your attorney present at the hearing together with you. The judge will go through your evidence prior to making a decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes any service records, private medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a disabling mental or physical condition which was caused or aggravated through their military service may qualify for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing a claim and obtain the necessary medical records as well as other documentation as well as fill out the required forms, and keep track of the VA’s progress.

We also can assist in appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation, or disputes about the date of rating that is effective. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed when the case is referred to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to help them prepare for civilian employment or be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. It is also possible for disabled veterans 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 (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This includes changes in job duties or modifications to work environments.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled Veterans disability lawyer to choose among five paths to employment. The five options are reemployment at the same employer, speedy access to employment, self-employment, and work through long-term services.

Employers may ask applicants for any accommodations to participate in the hiring process, including extra time to take an exam or the ability to provide verbal answers instead of written answers. The ADA does not permit employers to ask about a disability unless it's evident.

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

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult finding employment. To assist these veterans, the Department of Labor funds EARN which is a national source for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions and benefits, as well as 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 as a condition that significantly restricts one or more of the essential life activities, including hearing, seeing breathing, walking, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans disability law firm, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, offering training, reassigning tasks to other jobs or facilities, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. Employers must provide furniture with elevated or lower surfaces or buy keyboards and mice that have been adapted for people who have limited physical strength.