Veterans Disability Law

Veterans disability law covers a range 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 make sure that your application is well-prepared and you can track the progress of your claim.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that are incurred or aggravated during military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A lawyer for veterans benefits can help you 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 ever-changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe your reasons for disagreeing with the decision. You do not have to list every reason why you disagree, but only those that are pertinent.

You may file your NOD within one year of the date you appealed against the unfavorable ruling. If you require more time to prepare your NOD, a request for Vimeo an extension could be granted.

After the NOD has been filed, you will be assigned a time for your hearing. You should bring your attorney to the hearing. The judge will review your evidence and make a final determination. An experienced attorney will ensure that all the evidence needed is presented at your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was triggered or worsened by their military service could be eligible for disability benefits. They may be eligible for monthly monetary payments according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file claims and collect the necessary medical records, other documents and fill out the required forms, and monitor the VA’s progress.

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

Our lawyers can assist veterans with disabilities related to their service in applying for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to help them prepare for civilian work or adapt to a new profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to perform their job. This includes modifications to work duties or workplace adjustments.

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

Veterans with disabilities who have been removed from the military can follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment and employment through long-term care.

Employers may ask applicants for any special accommodations to participate in the hiring process, for example, longer time to complete a test or permission to provide oral rather than written answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and improve understanding of veterans' issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To help these veterans, the Department of Labor supports a national job referral and information resource called EARN. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and stops harassment based on disability and Vimeo retaliation. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing or working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, such as post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled plano veterans disability lawyer who need them to do their duties. This is not the case if the accommodation causes undue hardship for the contractor. This includes modifying equipment, offering training, delegating duties to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must offer furniture with higher or lower surfaces or buy keyboards and mice that are specially designed for those with physical limitations.