Veterans Disability Law

Veterans disability law is a broad field. We will work to get you the benefits you deserve.

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires that employers offer reasonable accommodations for employees with disabilities incurred during military service or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions, and pay, as well as training, and other terms, conditions of employment, Vimeo.Com and rights.

Appeals

Many veterans are denied disability benefits or are given a low rating, which isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be followed and the law is ever-changing. A skilled lawyer can help you navigate the process, help you determine what evidence should be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable decision. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will receive an appointment for hearing. It is essential that your attorney attend this hearing along with you. The judge will look over your evidence prior to making a decision. A good attorney will make sure that all the evidence needed is presented at the hearing. This includes all service records, private medical records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened by their military service, could be qualified for disability benefits. These veterans may receive a monthly monetary payment according to their disability rating, which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans to file an application and get the medical records they require along with other documents and fill out the required forms, and monitor the progress of the VA.

We also can assist in appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or disputes over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are filed with all the required information to back every argument in the claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities keep them from obtaining meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their duties. This could include changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a national program for job placement and business education program that assists disabled veterans find work and businesses.

Veterans with disabilities who are separated from the military can follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire if they require any special accommodations to participate in the hiring process, including more time to sit for a test or permission to give oral instead of written answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find employment. To help these hastings veterans disability law firm to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers are able to inquire about a person's medical background and also prohibits harassment and retaliation based on disability. The ADA defines disability as a condition which significantly restricts one or more of the important life activities, like hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to complete their duties. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, providing training, transferring duties to other jobs or facilities, as well as acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with higher or lower surfaces, or purchase keyboards and mice that are adapted for people who have physical limitations.