Veterans Disability Law

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

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires that employers offer reasonable accommodations to employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay and also in training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help you create a compelling argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD of the reasons you disagree with the unfavorable decision. You don’t have to list every reason you don’t agree with the decision, only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision you’re appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed after which you will be assigned a date for your hearing. It is crucial that your attorney attend this hearing along with you. The judge will review your evidence and make a final determination. A good attorney will ensure that all evidence is presented during your hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. These veterans may receive an annual monetary payment based 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 with filing claims, obtain required medical records and other documentation, fill out necessary forms and monitor the VA’s progress on their behalf.

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

Our lawyers can assist veterans suffering from disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work, or to adjust to a new career when their disabilities prevent them from being able to find a job that is meaningful. It is also possible for disabled veterans disability lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their job. This includes modifications to job duties or workplace adjustments.

Disabled veterans who are interested in a job may want to contact the Department of Labor’s Ticket to Work program. This is a nationwide program for job placement and business education program that assists disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to work. The five options are reemployment at the same employer, speedy access to employment, self-employment, and work through long-term services.

An employer may ask applicants if they require any accommodations in the hiring process, for example, more time to take a test or permission to provide verbal answers instead of written answers. However, the ADA does not allow an employer to ask about a person’s disability status in the absence of evidence.

Employers that are concerned about possible discrimination against disabled veterans must consider organizing training sessions for all employees to increase awareness and better understand veteran concerns. In addition, they can seek out the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans, the Department of Labor funds EARN the nation’s most trusted resource for job referrals and information. Funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also limits the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the major life activities, such as hearing, sight breathing, walking, sitting, standing, learning, and working. The ADA does not cover certain conditions that are common among veterans disability lawyers, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require them to complete their job. This is not the case if the accommodations would create unnecessary hardship to the contractor. This includes altering equipment, offering training, shifting duties to other jobs or facilities, and buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mouse that are made for those with limited physical dexterity.

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