Veterans Disability Law

Veterans disability law covers a range of issues. We work to assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the type of evidence you need to present to support your appeal and assist you prepare a convincing argument.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, you are crucial to state your reasons for disagreeing with the decision. You don't have to list every reason you disagree with, but only those that are relevant.

You may file your NOD within one year from the date you appealed the unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed, you will be assigned a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will examine your evidence and make a decision. A good lawyer will make sure that all the required evidence is provided during your hearing. Included in this are service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a chronic mental or physical condition that was aggravated or caused through their military service could be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing claims, get the necessary medical records and other documents, fill out required forms and track the progress of the VA on their behalf.

We also can assist with appeals to any VA decisions, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of an evaluation. Our firm will ensure that the initial 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 with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian work or adapt to a new profession in the event that their disabilities hinder them from finding 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.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations to veterans disability lawsuit with disabilities to perform their duties. This includes modifications to job duties or modifications to work environments.

Disabled veterans who are interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists disabled veterans find work and companies.

Veterans with disabilities who are separated from the military may follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; fast access to employment; self-employment; and employment through long-term services.

An employer can ask applicants to provide any special accommodations to participate in the hiring process, firm including more time to sit for tests or to give oral instead of written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans must consider organizing training sessions for all employees to raise awareness and improve understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find employment. To help these veterans, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers may request about a person's medical history and prevents harassment or discrimination due to disability. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily life, such as hearing and breathing, walking, or seeing. Sitting, standing, firm working, learning, etc. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes altering equipment, offering training, delegating tasks to other locations or positions, and purchasing adaptive software or hardware. For example, if an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers, electronic visual aids and Braille calculators and talking devices. If a person is unable to exercise physical strength, employers must provide furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.