Veterans Disability Law

Veterans disability law is a broad area. We will do our best to ensure you receive the benefits you have earned.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is well-prepared and you can track the progress of your case.

USERRA requires employers to offer reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions pay, training, and other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or get low disability ratings when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be included in your appeal, and help you build a strong argument for your case.

The VA appeals procedure begins with a Notice of Disagreement. It is crucial to be clear in your NOD of the reasons you disagree with the unfavorable decision. It is not necessary to list all the reasons why you are not happy with the decision, just the ones that are relevant.

You may file your NOD within one year from when you appealed an unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD has been filed, you will be notified of the date for veterans disability lawyers your hearing. You must bring your attorney to this hearing. The judge will go over the evidence and then make a final decision. A good lawyer will make sure that all the necessary evidence is exhibited during your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused or worsened as a result of their military service, may be eligible for veterans disability lawyers disability benefits. These veterans could receive monthly monetary payments according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans in filing claims and collect the required medical records along with other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes about the date of effective of rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs filled with all necessary details are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian work or to transition to an entirely new career if their disabilities make it difficult for them to find 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 against veterans disability law firm with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to veterans with disabilities to perform their job. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans disability lawyers looking to find work. This is a national program for job placement and business education program that helps disabled veterans find jobs and businesses.

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

An employer may ask applicants if they require any special accommodations to participate in the hiring process, for example, more time to take tests or to give oral instead of written answers. But the ADA does not permit an employer to inquire about a person's disability in the absence of evidence.

Employers that are concerned about possible discrimination against disabled veterans must consider conducting training sessions for all employees to raise awareness and better understand veterans' issues. In addition they can reach out to the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to their service find it difficult to get a job. To help these veterans, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers are able to inquire about a person's medical history and prohibits harassment and reprisals based on disability. The ADA defines disability in terms of conditions that severely limit one or more essential activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing or working, learning and so on. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their job. This is not the case if the accommodations would create unnecessary hardship for the contractor. This can include altering the equipment, providing training and transferring responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers, electronic visual aids and talking calculators, as well as Braille devices. If an individual has limited physical strength, employers must supply furniture with lowered or raised surfaces or purchase adapted keyboards and mouses.