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Veterans Disability Law

Veterans disability law is a vast area. We will help you make sure you receive the benefits that you are entitled to.

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is correctly prepared and monitor the progress of your case.

USERRA obliges employers to offer reasonable accommodations for employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, as well as other employment terms, conditions, and privileges.

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be followed and the law changes constantly. An experienced lawyer can help you navigate the process, help you determine what evidence you should included in your appeal and build a strong case for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, you are important to describe why you disagree with the decision. It is not necessary to list all the reasons you disagree with the decision, just those that are relevant.

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

After the NOD has been filed, you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will review the evidence and make a final decision. A good lawyer will ensure that all the required evidence is provided during your hearing. Included in this are medical records, service records, health records that are private and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was triggered or worsened due to their military service could be qualified for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file a claim and obtain the medical records they require along with other documents as well as fill out the required forms, and keep track of the progress of the VA.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disagreements over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are prepared with all the necessary information to back each argument in an appeal.

Our lawyers can assist Veterans Disability Lawyers suffering from disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian employment or to adjust to a new career when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to complete their duties. This includes changes to work duties or workplace changes.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military can follow one of five routes 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.

Employers may ask applicants whether they require any special accommodations to participate in the hiring process, such as longer time to complete an exam or the ability to provide verbal answers instead of written answers. But the ADA does not permit an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about discriminatory practices against disabled veterans disability law firm must consider conducting training sessions for all employees to increase awareness and improve understanding of veteran-related issues. 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 that are related to their military experience have difficult to find employment. To assist them, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also restricts the information employers may inquire about a person's medical history and prevents harassment or retaliation because of disability. The ADA defines disability as conditions that severely limit one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and so on. The ADA excludes some conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, offering training and transferring responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer must supply furniture with lowered or raised surfaces, or purchase mouses and keyboards that are adapted to the user.