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Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is properly prepared and track the progress of your claim.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions and pay, as well as training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it 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 many rules and regulations to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, guide you determine the right evidence to be included in your appeal, and build a strong case for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD as to why you do not agree with the decision. It is not necessary to list every reason why you disagree, but only those that are pertinent.

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

After the NOD has been filed, you will be given a date for hearing. Your attorney should be present to the hearing. The judge will go through all of your evidence before making a final decision. A competent attorney will make sure that all the proper evidence is presented during your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and is the result of or worsened as a result of their military service may be qualified for disability benefits. Veterans may receive a monthly monetary payment dependent on the severity of their disability.

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

We can also assist with appeals of VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes over the effective date of rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required information to support every argument in the claim.

Our lawyers can also help veterans disability lawyer with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education 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. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities perform their job. This could include changes to work duties or changes to the workplace.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and training program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military could follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers may ask applicants if they require any accommodations in the hiring process. For instance if they require more time to take the test or if they feel it's okay to speak instead of writing their answers. However, the ADA does not permit an employer to inquire about a person's disability status unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans ought to consider holding training sessions for all employees to raise awareness and increase understanding of veterans' issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to obtain employment. To assist them get a job, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans disability attorneys who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in the hiring process, promotions or benefits. The ADA also restricts the information employers can ask about a person's health background and also prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that restricts one or more of the major life activities including hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation to perform the job, the employer must provide it unless it would impose undue hardship on the contractor's business. This could include modifying equipment, offering training, reassigning the duties to different jobs or facilities, and acquiring adaptive hardware or software. For example in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. If a person has limited physical strength, the employer should provide furniture with raised or lowered surfaces, or purchase specially designed keyboards and mice.