Veterans Disability Law

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

The VA claim process was designed to be user-friendly by Congress. We ensure that your application is completed and tracked your case through the process.

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

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be adhered to and the law changes constantly. A skilled lawyer will guide you through the appeals process, help you determine what evidence you should submit for your appeal, and assist to build a strong case.

The VA appeals process begins with a Notification of Disagreement. In your NOD, it is important to provide reasons why you disagree with the decision. It is not necessary to list all the reasons why you are not happy with the decision, only those that are relevant.

You can file your NoD within one year of the date you appealed against the unfavorable decision. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will receive an appointment for hearing. It is crucial to have your attorney attend the hearing together with you. The judge will review your evidence and make a decision. A competent attorney will make sure that all evidence is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused by or worsened as a result of their military service could be eligible for disability benefits. These veterans may receive an annual monetary payment according to the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans to file a claim and obtain the required medical records, other documents, fill out required forms, and monitor the progress of the VA.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, Veterans Disability disagreements about the percentage of an evaluation, or disputes about the date at which a rating is effective. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that further SOCs are filed with all the required details to support each argument in the claim.

Our lawyers can also help veterans disability attorneys with disabilities related to service apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to help them prepare for civilian work or adjust to a new career when their disabilities keep them from working in a meaningful way. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their job. This includes changes in work duties or workplace changes.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that helps disabled veterans find work and companies.

veterans disability attorney with disabilities who are separating from the military could follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment; self-employment and employment through long-term care.

An employer can ask applicants if they require any accommodations in the hiring process, for example, more time to take an exam or the ability to give verbal instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans may want to consider holding training sessions for their entire employees to increase awareness and understanding of issues faced by veterans. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To help them in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information employers can request regarding a person's medical history and prohibits harassment and discrimination based on disability. The ADA defines disability as a condition that restricts one or more of the essential life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete a job, an employer must provide it unless it causes undue hardship on the contractor's business. This includes altering the equipment, supplying training and reassigning responsibilities to other positions or places as well as purchasing adaptive software or hardware. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. If a person has limited physical strength, the employer must supply furniture with raised or lowered surfaces, or purchase specially designed keyboards and mice.