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Veterans Disability Law

The law governing veterans disability is a broad area. We will work to get you the benefits you deserve.

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

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

Appeals

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be adhered to, and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it's important to provide reasons why you are not happy with the decision. You do not have to list every reason you disagree, but only those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable decision. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be notified of an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will go through all of your evidence before making a decision. A good attorney will ensure that all the evidence needed is presented at your hearing. Included in this are service medical records, private health records and C&P examinations.

Disability Benefits

veterans disability lawyer suffering from a disabling physical or mental disorder that was aggravated or caused through their military service could qualify for disability benefits. These veterans could receive a monthly monetary payment according to the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans in filing claims, obtain required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements with an evaluation percentage or disputes over the effective date of the rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required information are filed when the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector or to adapt to an entirely new career if their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans disability law firm who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their job. This could include changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide employment and business training program that helps disabled veterans find employment and businesses.

veterans disability lawsuit with disabilities who have been removed from the military can choose one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same company, fast access to employment, self-employment and employment through long-term military service.

Employers can inquire to provide any special accommodations to participate in the selection process, like longer time to complete tests or to give verbal instead of written answers. However, the ADA does not permit employers to inquire about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may think about having training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers can request regarding a person's medical history and prohibits harassment and retaliation in response to disability. The ADA defines disability as a condition that restricts one or more important life activities, such as hearing, seeing, walking, breathing, standing, sitting, learning and working. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require them in order to perform their duties. This is the case unless the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, delegating tasks to other positions or facilities, and acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mice that have been made for those with physical limitations.