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Veterans Disability Law

Veterans disability law is a broad field. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your claim.

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay, as well as training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or get an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be followed and the law is constantly changing. A skilled lawyer will guide you through the appeals process, identify the evidence you need to submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't have to include all the reasons you disagree with the decision, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed and you have been assigned a time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a final decision. A competent attorney will make sure that all the proper evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

veterans disability lawyer who suffer from a chronic physical or mental condition that was caused or worsened through their military service may qualify for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We help veterans to file an application and obtain the necessary medical records, other documents to complete the necessary forms, and monitor the progress of the VA.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date for the rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are prepared with all the necessary information to back every argument in the claim.

Our lawyers can help veterans disability lawsuits with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to help veterans prepare for civilian employment or to begin an entirely new career if their disabilities make it difficult for them to pursue meaningful employment. Veterans with disabilities could 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 disability lawyers with disabilities, including those who have suffered from disabilities caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their job. This includes adjustments to work duties or changes to the workplace.

Disabled veterans who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide program for job placement and training which assists disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment; self-employment; and work through long-term service.

Employers may ask applicants if they require any modifications for the selection process. For instance if they require more time to finish the test or if it is okay to speak instead of write their answers. But the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers that are concerned about discriminatory practices against disabled veterans should think about organizing training sessions for all employees to increase awareness and better understand veteran concerns. In addition they can seek out the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

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

The Americans with Disabilities Act (ADA) prohibits 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 prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially limits one or more major life activities, such as hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations in order to perform their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes altering equipment, offering training, reassigning the duties to different locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, a company must supply furniture with raised or lowered surfaces or purchase specially designed keyboards and veterans disability lawyers mice.