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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to ensure you receive the benefits you deserve.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay as well as in training, and other employment terms, disability conditions, and privileges.

Appeal

Many veterans are denied disability benefits or are given a low rating, which should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, help you determine what evidence should be included in your appeal and create a compelling case for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD of the reasons you do not agree with the decision. You don't have to include all the reasons why you are not happy with the decision, but only those that are relevant.

The NOD can be filed within one year from the date of the adverse decision you want to appeal. You may be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed after which you will be assigned a date for your hearing. It is essential that your attorney attend the hearing along with you. The judge will look over your evidence prior to making a final decision. A good attorney will make sure that all evidence is presented at your hearing. Included in this are any service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a chronic physical or mental illness which was caused or aggravated through their military service may qualify for disability benefits. Veterans may receive monthly monetary payments according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records and other documents, fill out required forms and track the VA's progress on their behalf.

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

Our lawyers can help veterans disability lawsuits with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment, or to adjust to the new job market if their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities may 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 who have disabilities, including those that may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their job. This includes changes in job duties or workplace modifications.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job-training and placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to gain employment. This includes reemployment with the same employer; quick access to employment; self-employment; and work through long-term service.

Employers can inquire for any special accommodations to participate in the hiring process, for example, extra time to take a test or permission to provide verbal answers instead of written answers. But the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and enhance understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability law firms who have service-related disabilities find it difficult to obtain employment. To aid these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and job vacancies. Funded by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical background and also prohibits harassment and discrimination based on disability. 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, or seeing. Standing, sitting and working, as well as learning, etc. The ADA excludes certain ailments that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must provide it, unless it causes undue hardship on the contractor's business. This could include modifying equipment, providing training, shifting duties to other jobs or facilities, as well as buying adaptive hardware or software. For instance, if an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If an employee has limited physical dexterity, an employer should provide furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.