Veterans Disability Law

Veterans disability law is a broad area. We will help you get the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We make sure that your application is properly prepared and we track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits discrimination against disabled people in the hiring process, promotions and pay, as well as training, and other employment terms, conditions and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, guide you determine the right evidence to be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with a Notification of Disagreement. In your NOD, it is important to provide reasons your reasons for disagreeing with the decision. You don't have to list every reason you disagree, but only those that are pertinent.

The NoD is submitted within one year of the date of the adverse decision you're appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed, you will receive the date for your hearing. It is crucial to have your attorney attend this hearing along with you. The judge will look over the evidence you have presented before making a final decision. A competent attorney will make sure that all the proper evidence is presented at your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was triggered or worsened due to their military service could be eligible for disability benefits. These veterans may receive an annual monetary payment depending on the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans disability lawyer to file a claim, obtain necessary medical records as well as other documents, fill out required forms and track the progress of their VA claim on their behalf.

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

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector or to adapt to an entirely new career if their disabilities hinder their ability to find a job 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their duties. This could include changes to job duties and modifications to work environments.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that assists disabled veterans find jobs and businesses.

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

An employer may ask applicants to provide any accommodations in the hiring process, such as longer time to complete an exam or the ability to give oral instead of written answers. The ADA doesn't allow employers to ask about disabilities unless they are obvious.

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

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to obtain employment. To aid these veterans, the Department of Labor funds EARN which is a national source for information and assistance with job search. Funded by the Office of Disability Employment Policy, it provides a free phone number and an electronic information system that connects employers with disabled veterans Disability Lawyers looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more major life activities such as hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must offer it unless it would impose undue hardship on the contractor's business. This includes altering the equipment, providing training and reassigning responsibilities to different locations or positions as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mice specially designed for those with restricted physical dexterity.