Veterans Disability Law

Veterans disability law is a broad area. We will do our best to help you get the benefits you have earned.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions pay, training, and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or have low disability ratings when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer can guide you through the process, help determine what evidence you should submitted with your appeal, and help you build a strong argument for your case.

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

You can file your NoD within one year of the date you appealed against the unfavorable ruling. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been submitted, you will be provided with the date for your hearing. It is crucial to have your attorney present at the hearing with you. The judge will go through your evidence prior to making a decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and is the result of or worsened as a result of their military service, could be eligible for disability benefits. These veterans may receive a monthly monetary payment based on their disability rating, which is a percentage that demonstrates the severity of their condition.

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 disability law firms with filing claims, obtain required medical records and other documents, fill out required forms and track the progress of the VA on their behalf.

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

Our lawyers can assist veterans suffering from disabilities arising from their service to apply for vocational rehabilitation services. This program offers education, training and Veterans Disability law firms job-related skills to veterans to help them prepare for civilian employment or adjust to a new career when their disabilities prevent them from finding work that is meaningful. 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 (ADA) prohibits discrimination against veterans with disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their duties. This includes adjustments to job duties and changes to the workplace.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to gain employment. The five options are reemployment at the same company, fast access to employment, self-employment, and work through long-term services.

An employer may ask applicants to provide any accommodations in the selection process, like longer time to complete tests or to give oral instead of written answers. But the ADA does not allow an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that offers specific 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 find it difficult to find work. To assist these veterans to find work, the Department of Labor funds EARN which is a national source for Veterans Disability law Firms job referrals and information. The program is supported by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions or benefits, as well as 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 as a condition which significantly restricts one or more essential life activities, like hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes some conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them to do their duties. This is true unless the accommodation would cause undue hardship for the contractor. This includes modifying equipment, providing training, transferring tasks to other jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer must supply furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.