Veterans Disability Law
The law governing veterans disability lawyer disability is a broad area. We work to assist you in obtaining the benefits to which you are entitled.
The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and you can track the progress of your case.
USERRA requires employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions or pay, as well other conditions, rules and privileges of employment.
Appeal
Many veterans are denied benefits or get an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you build a strong claim.
The VA appeals procedure starts with a Notice of Disagreement. It is important to state clearly in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list all the reasons you disagree with the decision. Just those that are relevant.
The NOD must be submitted within one year of the date of the unfavorable decision that you are appealing. If you require longer time to prepare your NOD, an extension can be granted.
After the NOD has been filed, you will be assigned a date and time for your hearing. It is important to have your attorney attend this hearing along with you. The judge will go through your evidence prior to making a decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. This includes all service records, medical records as well as any C&P exams.
Disability Benefits
Veterans suffering from a disabling mental or physical condition which was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive monthly monetary compensation based on their disability rating, which is a percentage that indicates the severity of their condition.
Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help veterans to file claims and collect the necessary medical records and other documents to complete the necessary forms, and keep track of the progress of the VA.
We also can assist with appeals of any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs filled with all necessary details are filed in the event that a case is taken to an appeals court.
Our lawyers can assist veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian jobs or to adapt to a new profession when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities may also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.
Accommodations for Employers
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities to perform their job. This could include changes to job duties or modifications to work environments.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a nationwide job placement and training program that helps disabled veterans to jobs and businesses.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose among five paths to a job. The five options are reemployment at the same employer, rapid access to employment, self-employment, and employment through long-term service.
Employers can inquire about applicants’ disabilities and whether they need any accommodations for the hiring process. For example, if they need more time to complete a test or if it’s okay to speak instead of write their answers. However, the ADA does not allow an employer to inquire about a person’s disability status unless it is apparent.
Employers that are concerned about possible discrimination against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and improve understanding of veteran concerns. Additionally, they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical support on the ADA and other laws relating to disability.
Reasonable Accommodations
Many veterans with disabilities caused by service have difficulty to find employment. To assist these veterans, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.
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 prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the major life activities such as hearing, sight breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans disability lawyers, including hearing loss or post-traumatic stress disorder (PTSD).
If a disabled veteran requires an accommodation in order to complete a job, an employer must provide it, unless it creates a hardship on the contractor’s business. This could include modifying the equipment, offering training, and transferring responsibility to other positions or places in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical dexterity, an employer must supply furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.