Veterans Disability Law

Veterans disability law covers a wide variety of issues. We help you get the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is properly prepared and track the progress of your claim.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay and training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits, or receive an unsatisfactory disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, disability and laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on what evidence you must submit in your appeal, and help to build a strong case.

The VA appeals process begins with a Notice of Disagreement. In your NOD, it's crucial to state why you are not happy with the decision. It is not necessary to list all the reasons you disagree with the decision, only the ones that are relevant.

The NOD must be filed within a year of the date of the adverse decision that you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will be given an appointment date. It is essential that your attorney attend the hearing along with you. The judge will review your evidence and make a final decision. A good lawyer will ensure that all necessary evidence is exhibited during your hearing. Included in this are service documents, health records for private use and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and is the result of or worsened due to their military service could be qualified for disability benefits. These veterans could receive an annual monetary payment 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 have a right to. We assist veterans to file claims and collect the medical records they require, other documents as well as fill out the required forms, and track the progress of the VA.

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

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to help them prepare for civilian work or 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled centreville veterans disability lawsuit to complete their duties. This includes changes in job duties or changes to the workplace.

Disabled veterans seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that helps disabled veterans disability attorney find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to gain employment. These include reemployment with same employer; rapid access to employment; self-employment and work through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance, if they need more time to finish a test or if it's acceptable to speak instead of writing their answers. The ADA does not permit employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may be interested in organizing training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find employment. To help these veterans, the Department of Labor supports a national job-related referral 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 jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also limits the information employers can ask about a person's health history and prevents harassment and revenge due to disability. The ADA defines disability as a condition that significantly hinders one or more major life activities, like hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their duties. This is the case unless the accommodations would create unnecessary hardship for the contractor. This includes altering the equipment, providing training and reassigning responsibilities to other positions or locations as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, an employer should provide furniture that has raised or lowered surfaces or disability purchase adapted keyboards and mouses.