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Veterans Disability Law
Veterans disability law is a broad area. We will do our best to make sure you receive the benefits that you deserve.
Congress designed the VA claim process to be veteran-friendly. We make sure that your application is thoroughly prepared and track your case through the process.
USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service, 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 have a low disability rating when they should receive a higher rating. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex 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 to support your appeal and assist to build a strong case.
The VA appeals process begins with a Notice to Disagreement. It is important to state clearly in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.
You can file your NOD within one year from the date you appealed against the unfavorable decision. If you require more time to prepare your NOD, a request for an extension could be granted.
Once the NOD has been filed, you will be given an appointment for hearing. It is crucial to have your attorney attend the hearing along with you. The judge will go through all evidence presented before making a final decision. A good lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are service records, private health records and C&P examinations.
Disability Benefits
Veterans who suffer from a mental or physical illness that is debilitating and is the result of or aggravated by their military service, may be qualified for disability benefits. These veterans disability lawyers may receive a monthly monetary payment based on the severity of their disability.
Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans in filing an application and get the required medical records along with other documents as well as fill out the required forms, and monitor the VA’s progress.
We can also assist in appeals of any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes about the date of effective of an evaluation. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required information needed to support every argument in the claim.
Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to transition to a new career when their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their jobs. This could include changes in the work environment or job duties.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans disability attorneys interested in finding work. This is a nationwide employment and business training program that assists disabled veterans find employment and companies.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to a job. This includes reemployment with same employer; fast access to employment; self-employment and employment through long-term services.
Employers may ask applicants if they require any accommodations during the hiring process. For example the need for more time to take a test or if it is okay to speak instead of writing their answers. But the ADA does not permit an employer to ask about a person's disability in the absence of evidence.
Employers who are concerned about discrimination against disabled veterans disability attorney may consider conducting training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.
Reasonable Accommodations
Many veterans who have disabilities due to their service have difficult to find work. To help them to find work, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for job opportunities.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers are able to inquire about a person's medical history and prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).
Employers must offer accommodations to disabled veterans who need them to do their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, providing training and reassigning responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with limited physical strength.
Veterans disability law is a broad area. We will do our best to make sure you receive the benefits that you deserve.
Congress designed the VA claim process to be veteran-friendly. We make sure that your application is thoroughly prepared and track your case through the process.
USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service, 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 have a low disability rating when they should receive a higher rating. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex 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 to support your appeal and assist to build a strong case.
The VA appeals process begins with a Notice to Disagreement. It is important to state clearly in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.
You can file your NOD within one year from the date you appealed against the unfavorable decision. If you require more time to prepare your NOD, a request for an extension could be granted.
Once the NOD has been filed, you will be given an appointment for hearing. It is crucial to have your attorney attend the hearing along with you. The judge will go through all evidence presented before making a final decision. A good lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are service records, private health records and C&P examinations.
Disability Benefits
Veterans who suffer from a mental or physical illness that is debilitating and is the result of or aggravated by their military service, may be qualified for disability benefits. These veterans disability lawyers may receive a monthly monetary payment based on the severity of their disability.
Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans in filing an application and get the required medical records along with other documents as well as fill out the required forms, and monitor the VA’s progress.
We can also assist in appeals of any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes about the date of effective of an evaluation. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required information needed to support every argument in the claim.
Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to transition to a new career when their disabilities prevent them from being able to find a job that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.
Employer Accommodations
The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their jobs. This could include changes in the work environment or job duties.
Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans disability attorneys interested in finding work. This is a nationwide employment and business training program that assists disabled veterans find employment and companies.
The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to a job. This includes reemployment with same employer; fast access to employment; self-employment and employment through long-term services.
Employers may ask applicants if they require any accommodations during the hiring process. For example the need for more time to take a test or if it is okay to speak instead of writing their answers. But the ADA does not permit an employer to ask about a person's disability in the absence of evidence.
Employers who are concerned about discrimination against disabled veterans disability attorney may consider conducting training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.
Reasonable Accommodations
Many veterans who have disabilities due to their service have difficult to find work. To help them to find work, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans looking for job opportunities.
The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. The ADA also restricts the information employers are able to inquire about a person's medical history and prohibits harassment and reprisals due to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common to veterans, including hearing loss or post-traumatic stress disorder (PTSD).
Employers must offer accommodations to disabled veterans who need them to do their job. This is not the case if the accommodation creates unnecessary hardship to the contractor. This includes altering the equipment, providing training and reassigning responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must furnish furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with limited physical strength.
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