Veterans Disability Law

Veterans disability law covers a wide range of issues. We help you get the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated in military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions and pay, as well as training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the evidence you need to submit to support your appeal and assist to build a strong case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD as to why you are dissatisfied with the decision. You don't have to include every reason you don't agree with the decision, just those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable ruling. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and you have been assigned a time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will look over your evidence prior to making a final decision. A good lawyer will make sure that all the required evidence is provided during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused by or worsened by their military service may be qualified for disability benefits. These veterans could receive an annual monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that parlier veterans disability law firm receive the full benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records and other documentation, fill out required forms and track the progress of the VA on their behalf.

We can also assist with appeals of VA decision, including denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date of rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities keep them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

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 perform their duties. This includes changes in work duties or workplace changes.

Disabled veterans interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that helps connect veterans with disabilities to jobs and businesses.

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

Employers can ask applicants whether they require any modifications for the hiring process. For example if they require more time to finish an exam or if it is okay to speak instead of writing their answers. The ADA does not permit employers to ask about disability unless it's obvious.

Employers that are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and enhance understanding of veteran issues. In addition they can contact 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 experience difficult to find work. To help these veterans to find work, Vimeo the Department of Labor supports a national job-related referral and information resource called EARN. It is funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. The ADA also restricts the information employers can request about a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that substantially 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 among veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers must offer accommodations to disabled veterans who need them in order to perform their duties. This is true unless the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, offering training and shifting responsibilities to other positions or locations and acquiring adaptive software or hardware. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with elevated or lower surfaces, or purchase keyboards and mice that are specially designed for those with limited physical dexterity.