Veterans Disability Law

Veterans disability law is a broad field. We will assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied benefits, or receive a low disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons the reasons you don't agree with the decision. You don't need to list every reason you don't agree with the decision, but only those that are relevant.

The NOD must be filed within one year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed and you have been given a date for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will look over the evidence and make a decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or aggravated by their military service may qualify for disability benefits. These veterans can receive monthly monetary compensation according to their disability rating, which is a percentage that indicates the severity of their problem.

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

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements about the percentage evaluation or disputes over the date of rating that is effective. Our firm will ensure that the initial Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed when the case is referred to an appeals court.

Our lawyers can also help veterans disability lawyers with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from obtaining meaningful employment. 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 firms with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a national program for job placement and business education program that helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different routes to employment. The five options include reemployment with the same employer, speedy access to employment, self-employment and employment through long-term military service.

An employer can ask applicants whether they require any modifications to participate in the hiring process, including extra time to take tests or permission to give verbal instead of written answers. The ADA does not allow employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To help them, 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 seeking jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning and more. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to do their job. This is true unless the accommodation creates unnecessary hardship to the contractor. This can include changing equipment, providing training, transferring the duties to different positions or facilities, and buying adaptive hardware or software. For example, if 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. If an individual has limited physical strength, employers must supply furniture with raised or lowered surfaces, or purchase specially designed keyboards and mice.