Veterans Disability Law

Veterans disability law covers a range of issues. We will help you help you get the benefits you have earned.

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied benefits, or receive an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law changes constantly. An experienced lawyer will guide you through the appeals process, help you determine the type of evidence you need to present for your appeal, and assist you build a strong claim.

The VA appeals process begins with a Notice of Disagreement. It is important to make clear in your NOD on the reason you are dissatisfied with the decision. You don't need to list all the reasons why you are not happy with the decision, but only those that are relevant.

You can file your NOD within one year of the date you appealed against the unfavorable ruling. If you need more time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be notified of the date for your hearing. It is crucial to have your attorney attend the hearing along with you. The judge will examine the evidence and make a decision. A competent attorney will make sure that all the evidence needed is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused or worsened as a result of their military service may be qualified for disability benefits. Veterans may receive monthly monetary payments depending on the severity of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We help veterans file an application, obtain the required medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements over the percentage of an evaluation or a dispute over the date of rating that 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 additional SOCs are filed with all the required information needed to support every argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to prepare them for civilian work or be able to adjust to a different profession when their disabilities prevent them from working in a meaningful way. 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 who have disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes modifications to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability lawyers looking to find work. This is a national employment and business training program that assists disabled veterans find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to a job. The five options are reemployment at the same employer, rapid access to employment, self-employment and the possibility of employment through long-term service.

An employer may ask applicants to provide any accommodations to participate in the hiring process, such as more time to sit for a test or permission to provide oral rather than written answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff to increase awareness and understanding of veteran-related issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides specific workplace accommodations solutions and technical assistance on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service have difficult finding employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical history and prohibits harassment and discrimination based on disability. The ADA defines disability as a condition which significantly hinders one or more important life activities, like hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common for veterans disability attorneys, like hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to complete their job. This is the case unless the accommodation creates unnecessary hardship to the contractor. This could include modifying equipment, offering training, reassigning duties to other positions or facilities, and purchasing adaptive software or hardware. For example when an employee is blind or visually impaired the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with elevated or lower surfaces, veterans disability lawyers or purchase keyboards and mice that are specially designed for those with limited physical dexterity.