15 Veterans Disability Lawyers Benefits That Everyone Should Be Able To

Veterans Disability Law

The law governing veterans disability is a broad area. We will do our best to get you the benefits you are entitled to.

The VA claim process was developed to be easy to use by Congress. We make sure your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities 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 disability benefits or are given a low rating that isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is constantly changing. A knowledgeable lawyer can help you navigate the process, help you identify what evidence should be included in your appeal, and develop a convincing argument for your claim.

The VA appeals process begins with a Notification of Disagreement. It is important to state clearly in your NOD on the reason 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 that you appealed the unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed, you will be assigned a date and time for your hearing. It is important to have your attorney be present with you. The judge will review all of your evidence before making a final decision. A good attorney will ensure that all of the required evidence is presented at the hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder which was caused or aggravated through their military service could be eligible for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing a claim and obtain the medical records they require, other documents and fill out the required forms, and track the VA’s progress.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements on the percentage evaluation or disagreements over the effective date of rating. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs with all the necessary information are filed when the case is brought to an appeals court.

Our lawyers can help veterans with disabilities resulting from their service to apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian employment or adapt to a new profession when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their job. This could include changes in job duties or modifications to work environments.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program which assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment and work through long-term services.

An employer can ask applicants to provide any accommodations to participate in the selection process, like more time to sit for tests or permission to give verbal instead of written answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers who are concerned about possible discrimination against disabled Veterans disability Lawyers must consider organizing training sessions for all employees to increase awareness and enhance understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To help these veterans, the Department of Labor funds EARN, a national resource for information and job vacancies. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. The ADA also restricts the information employers can request about a person's medical history and prevents harassment and veterans disability lawyers revenge based on disability. The ADA defines disability as a condition which significantly hinders one or more essential life activities, such as hearing, sight, walking, breathing, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans disability law firm, including tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation to do work, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with elevated or lower surfaces or purchase keyboards and mice that have been made for those with physical limitations.