Veterans Disability Law

Veterans disability law is a broad field. We will do our best to ensure you receive the benefits you are entitled to.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well as training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied benefits, or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be adhered to and the law is always changing. A skilled lawyer can help you navigate the process, help identify what evidence should be included in your appeal and create a compelling case for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to describe why you disagree with the decision. You don't have to include all the reasons you do not agree with the decision, just those that are relevant.

Your NOD can be submitted within one year of the date of the unfavorable decision you want to appeal. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given an appointment date. You should bring your attorney to this hearing. The judge will look over all evidence presented before making a final decision. A competent lawyer will make sure that all necessary evidence is provided during your hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or worsened through their military service may be eligible for disability benefits. These veterans can receive monthly monetary compensation according to their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans disability lawyer to file claims and collect the medical records they require along with other documents and fill out the required forms, and veterans disability lawyer track the VA’s progress.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements regarding the percentage evaluation, or disagreements over the effective date of a rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are filed with all the required information to back each argument in the claim.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian jobs or to be able to adjust to a different profession in the event that their disabilities hinder them from finding meaningful work. 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 towards veterans disability lawsuits who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid 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 interested in finding work. This is a nationwide program for job placement and training which assists veterans with disabilities to jobs and veterans disability lawyer businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different routes to employment. These include reemployment with the same employer; fast access to employment; self-employment and employment through long-term care.

Employers may ask applicants for any special accommodations to participate in the hiring process, such as more time to sit for a test or permission to provide verbal answers instead of written answers. But the ADA does not permit an employer to ask about a person's disability status in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their employees to increase awareness and understanding of veteran-related issues. In addition they can contact the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find work. To help them in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also restricts the information that employers can inquire about a person's medical history and prohibits harassment and revenge in response to disability. The ADA defines disability in terms of conditions that severely limit one or more major activities of daily life, such as hearing and seeing, walking, breathing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to complete their job. This is the case unless the accommodation causes undue hardship to the contractor. This includes modifying equipment, providing training, shifting duties to other positions or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with raised or lower surfaces or buy keyboards and mice that are adapted for people who have physical limitations.