Veterans Disability Law
Veterans disability law covers a range of issues. We will do our best to ensure you receive the benefits you have earned.
Congress created the VA claim process to be more accommodating for veterans. We make sure that your application is thoroughly prepared and track your case through the process.
USERRA stipulates that employers must provide reasonable accommodations for employees with disabilities acquired during military service or aggravated by military service. Title I of ADA prohibits disability discrimination in the hiring process, promotions and pay and training, and other employment terms, conditions and privileges.
Appeals
Many veterans are denied benefits or receive a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures to be adhered to and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help to build a strong case.
The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD of the reasons you disagree with the unfavorable decision. You don’t need to list all the reasons you disagree with the decision, but only those that are relevant.
You may file your NOD within one year from the date that you appealed the unfavorable decision. You could be granted an extension if it is necessary to have additional time to prepare your NOD.
After the NOD has been filed, you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will look over your 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 any service documents, health records for private use and C&P tests.
Disability Benefits
veterans disability attorneys suffering from a disabling physical or mental condition that was aggravated or caused by their military service might qualify for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating which is a percentage which indicates the severity of their illness.
Our New York disability lawyers work to ensure that veterans get all benefits to which they’re entitled. We assist veterans in filing a claim, obtain necessary medical records as well as other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.
We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage evaluation, or disputes about the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are prepared with all the necessary information to support each 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-related skills to help veterans prepare for civilian employment or to adapt to a new career when their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Accommodation for Employers
The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their job. This could include changes to job duties and workplace adjustments.
Disabled veterans who are interested in a job may want to inquire with the Department of Labor’s Ticket to Work program. This is a nationwide job-placement and business-training program that helps disabled veterans find jobs and businesses.
Veterans with disabilities who are leaving from the military can follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, quick access to employment, self-employment, and employment through long-term military service.
Employers may ask applicants if they require any accommodations in the selection process. For example the need for more time to complete the test or if they feel it’s okay to speak instead of write their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.
Employers who are concerned about discrimination against disabled veterans ought to consider conducting training sessions for all employees to increase awareness and improve understanding of veteran issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance on the ADA and other laws related to disability.
Reasonable Accommodations
Many veterans with disabilities that are related to their service find it difficult finding employment. To help them to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans seeking work.
The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers can inquire about a person’s medical history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition that restricts one or more of the essential life activities, including hearing, seeing breathing, walking, sitting, standing and working. The ADA does not cover certain conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).
Employers must offer accommodations to disabled veterans who need them to do their duties. This is not the case if the accommodations would create unnecessary hardship for the contractor. This includes altering equipment, offering training, transferring the duties to different jobs or facilities, as well as buying adaptive hardware or software. For instance the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. If an employee has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.