veterans disability law firm Disability Law

The law governing veterans disability is a broad area. We assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and you can track the progress of your claim.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay and also in training, as well as other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be followed, and the law changes constantly. A skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to provide reasons why you disagree with the decision. It is not necessary to list all the reasons why you are not happy with the decision, only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. Your attorney should be present to the hearing. The judge will review your evidence and make a decision. A competent lawyer will ensure that all the required evidence is provided during your hearing. Included in this are any service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental illness that was caused or aggravated by their military service might be eligible for disability benefits. Veterans may receive an annual monetary payment depending on the degree of their disability.

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

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date of the rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary details are filed if a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian work or to adapt to a new career when their disabilities hinder their ability to find a job that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their duties. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be for disabled Veterans Disability Lawyers interested in employment. This is a nation-wide program for job placement and training that helps connect disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military may follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment, self-employment and employment through long-term care.

Employers can ask applicants whether they require any accommodations in the hiring process. For instance if they require more time to finish an exam or if it's okay to talk instead of writing their answers. The ADA does not allow employers to ask about disability unless it's evident.

Employers that are concerned about discriminatory practices against disabled veterans should think about holding training sessions for all employees to raise awareness and improve understanding of veterans' issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To assist these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers to disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. It also limits 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 restricts one or more important life activities, including hearing, seeing, walking, breathing, sitting, standing and working. The ADA excludes certain ailments that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation in order to complete the job, the employer must provide it unless it would impose undue hardship on the contractor's business. This includes modifying the equipment, providing training and shifting responsibilities to different positions or locations and acquiring adaptive hardware or software. For instance in the event that an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase specially designed keyboards and mice.