Veterans Disability Law

Veterans disability law is a vast area. We will help you get the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We make sure your application is completed and tracked your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. A lawyer for veterans benefits 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 knowledgeable lawyer will guide you through the appeals procedure, determine what evidence you should submit for your appeal, and assist you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you disagree with the unfavorable decision. You don't have to include all the reasons why you are not happy with the decision, only those that are relevant.

Your NOD can be submitted within one year of the date of the unfavorable decision you want to appeal. If you require more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed after which you will be assigned a date and time for your hearing. You must bring your attorney to this hearing. The judge will go over the evidence and then make a final decision. An experienced attorney will ensure that all the proper evidence is presented at your hearing. This includes all service records, private medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was caused or aggravated by their military service, could be qualified for disability benefits. These veterans could receive a monthly monetary payment depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans in filing a claim and obtain the necessary medical records as well as other documentation to complete the necessary forms, and monitor the VA’s progress.

We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are submitted with all the necessary information needed to support every argument in the claim.

Our lawyers can help veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program offers education, training and job-related skills for ng sessions for all employees to raise awareness and increase understanding of veteran concerns. They should 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 find employment. To help them with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also limits the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more essential activities of daily living, such as hearing and breathing, walking, and seeing. Sitting, standing or working, learning and learning, etc. The ADA excludes some conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their duties. This is the case unless the accommodation causes undue hardship to the contractor. This includes altering the equipment, providing training and transferring responsibilities to different positions or locations, as well as acquiring adaptive software or hardware. For instance the case of an employee who is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If a person is unable to exercise physical strength, employers must provide furniture with raised or lower surfaces or purchase specially designed keyboards and mice.