Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We ensure that your application is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied benefits, or receive low disability ratings when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be followed, and the law changes constantly. A skilled lawyer can help you navigate the process, assist you to identify what evidence should be included in your appeal and build a strong case for your case.

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

The NOD must be filed within a year of the date of the adverse decision you're appealing. 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 your hearing. It is recommended that you bring your attorney to the hearing. The judge will go through the evidence you have presented before making a final decision. A competent lawyer will ensure that all the required evidence is provided during your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was aggravated or caused by their military service might be eligible for disability benefits. These veterans may receive a monthly monetary payment depending on their disability rating which is a percentage which indicates the severity of their illness.

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 to file a claim and obtain the required medical records and other documents as well as fill out the required forms, and keep track of the progress of the VA.

We can also help in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage evaluation, or disputes about the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can also assist veterans disability lawsuits with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans perform their duties. This could include changes to job duties and modifications to work environments.

Disabled veterans interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select between five different paths to work. These include reemployment with same employer; rapid access to employment; self-employment and employment through long-term services.

Employers may ask applicants if they require any accommodations in the hiring process. For instance, if they need longer time to complete the test or if they feel it's okay to speak instead of write their answers. However, the ADA does not permit an employer to ask about a person's disability status unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and improve understanding of veterans' issues. Additionally, they can seek out the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find work. To assist these veterans Disability Lawyers with their job search, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to request about a person's medical history and prohibits harassment and revenge because of disability. The ADA defines disability as an illness that severely limits one or more major aspects of daily living, including hearing and breathing, walking, and seeing. Sitting, standing or working, learning and so on. The ADA does not cover certain conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, offering training and reassigning responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. For example when an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical dexterity, a company must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.