Veterans disability law covers a wide variety of issues. We are here to help you get the benefits to which you are entitled.
Congress created the VA claim process to be more accommodating for veterans. We make sure your application is completed and tracked your case through the process.
USERRA obliges employers to provide reasonable accommodations for employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions pay, training, and other conditions, terms and privileges of employment.
Appeal
Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law changes constantly. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit for 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 is important to explain why you disagree with the decision. You do not have to list every reason why you disagree, but only those that are relevant.
The NOD can be filed within a year of the date of the adverse decision you’re appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.
After the NOD is submitted, you will be provided with an appointment date. Your attorney should be present to this hearing. The judge will go over the evidence and make a decision. A good attorney will ensure that all of the required evidence is presented at your hearing. Included in this are medical records, service documents, health records for private use and C&P tests.
Disability Benefits
Veterans who suffer from a mental or physical illness that is debilitating and was triggered or worsened by their military service, could be qualified for disability benefits. These veterans disability lawyer may receive monthly monetary payments based on the severity of their disability rating.
Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans to file an application and obtain the medical records they require as well as other documentation to complete the necessary forms, and keep track of the VA’s progress.
We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements about the percentage evaluation or a dispute over the effective date of rating. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed if a case is taken to an appeals court.
Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian work or adjust to a new career in the event that their disabilities hinder them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.
Employer Accommodations
The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their job. This could include changes in the work environment or job duties.
Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a nationwide program for job placement and business education program that assists veterans with disabilities find jobs and companies.
The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans disability law firm to select from five different routes to work. These include reemployment with same employer, rapid access to employment; self-employment; and work through long-term service.
An employer may ask applicants for any modifications to participate in the selection process, like extra time to take tests or to provide verbal answers instead of written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is obvious.
Employers who are concerned about discrimination against disabled veterans may think about having training sessions for all of their employees to increase awareness and understanding of veteran-related 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 who have disabilities related to service struggle to find employment. To assist them get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for jobs.
The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request about a person’s medical history and prohibits harassment and revenge based on disability. The ADA defines disability as a condition which significantly hinders one or more major life activities such as hearing, seeing, walking, breathing, sitting, standing and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).
If a disabled veteran requires an accommodation to do a job, an employer must offer it unless it would impose undue hardship on the contractor’s business. This could include modifying equipment, providing training, reassigning the duties to different jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical strength, employers must supply furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.