Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you get you the benefits you have earned.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is properly prepared and track the progress of your case.

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

Appeals

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine the type of evidence you need to present with your appeal and help you build a strong claim.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it's important to describe your reasons for disagreeing with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

You may file your NOD within one year of the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD is submitted, you will be provided with an appointment date. It is crucial that your attorney be present with you. The judge will look over your evidence prior to making a final decision. A competent lawyer will ensure that all of the necessary evidence is exhibited during your hearing. Included in this are service medical records, private health records and C&P exams.

Disability Benefits

veterans disability lawsuit who suffer from a physical or mental condition which is disabling and was caused by or aggravated by their military service, may be qualified 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 are able to receive all the benefits to which they are entitled. We assist veterans in filing claims, get the necessary medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements with the percentage evaluation or disagreements about the date of effective of rating. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that additional SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can assist veterans suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for employment in the civilian sector or test.dslab.digitalscholar.rochester.edu to begin the new job market if their disabilities hinder their ability to find meaningful work. Veterans with disabilities could 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 against veterans disability lawsuit with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This could include changes in the work environment or job duties.

Disabled veterans who are looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national training and job placement program that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same company, fast access to employment, self-employment and work through long-term services.

Employers can inquire whether they require any accommodations in the hiring process, such as extra time to take an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not allow an employer to ask about a person's disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans may think about having training sessions for their entire staff to increase awareness and understanding of veteran-related issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To help them with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking work.

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

Employers must offer accommodations to disabled veterans who need them in order to perform their job. This is the case unless the accommodations would create unnecessary hardship for the contractor. This includes modifying the equipment, supplying training and transferring responsibilities to different positions or locations as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices and Braille displays. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mice that are specifically designed for people with limited physical dexterity.