Veterans Disability Law

Veterans disability law covers a variety of issues. We will fight to make sure you receive the benefits that you deserve.

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 offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated during 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 disability benefits or are given a low rating, which should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit to support your appeal and assist you prepare a convincing argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD of the reasons you do not agree with the decision. You don't need to list all the reasons you do not agree with the decision, but only those that are relevant.

The NOD can be filed within a year of the date of the unfavorable decision you are appealing. If you need more time to prepare your NOD, an extension could be granted.

Once the NOD has been filed after which you will be assigned a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will scrutinize the evidence you have presented before making a final decision. A good attorney will ensure that all the proper evidence is presented at the hearing. Included in this are any service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a physical or mental illness that is limiting and was triggered or worsened by their military service, could be eligible for disability benefits. Veterans may receive an annual monetary payment based on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans file claims, get the necessary medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disability disagreements about the percentage evaluation or a dispute over the date of effective rating. Our firm will ensure that the first Statement of the Case is well-prepared and Disability that any additional SOCs with all the necessary information are filed if a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to help them prepare for civilian employment or to adjust to a new career 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 towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their duties. This could include changes to work duties or changes to the workplace.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps disabled veterans find employment and companies.

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

Employers may ask applicants to provide any special accommodations to participate in the hiring process, including longer time to complete tests or to provide oral rather than written answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for all of their staff to increase awareness and understanding of issues faced by veterans disability lawyer. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult finding employment. To assist them get a job, the Department of Labor supports a national job search and information resource known as EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers may request regarding a person's medical background and also prohibits harassment and revenge due to disability. The ADA defines disability as conditions that severely limit one or more major activities of daily living, such as hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common among veterans, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran requires an accommodation to perform work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This could include modifying equipment, offering training, reassigning duties to other positions or facilities, and purchasing adaptive software or hardware. For instance in the event that an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers, electronic visual aids and Braille and talking calculators devices. If an employee has limited physical strength, employers should provide furniture with raised or lower surfaces or purchase adapted keyboards and mouses.