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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is properly prepared and track the progress of your claim.

USERRA requires employers to offer reasonable accommodations to employees with disabilities acquired during military service or made worse by military service. Title I of ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help determine what evidence should be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are crucial to state your reasons for disagreeing with the decision. It is not necessary to list all the reasons you do not agree with the decision, only the ones that are relevant.

The NOD must be submitted within one year of the date of the adverse decision you want to appeal. You may be granted an extension in case you require additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. You should bring your attorney to the hearing. The judge will review the evidence and make a final determination. A competent attorney will make sure that all the evidence needed is presented at the hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was triggered or worsened as a result of their military service, may be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans to file an application and obtain the necessary medical records and other documents to complete the necessary forms, and keep track of the VA’s progress.

We also can assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements about the percentage evaluation or disputes over 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 with all the necessary details are filed in the event that the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment, or to adjust to the new job market if their disabilities preclude their ability to find meaningful work. 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 disability Lawyers with disabilities, which includes those who have suffered from disabilities caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help disabled veterans perform their jobs. This includes changes in work duties or workplace changes.

Veterans with disabilities who are 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 veterans with disabilities find jobs and businesses.

Veterans with disabilities who are separating from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment and work through long-term service.

Employers can inquire to provide any special accommodations to participate in the selection process, like longer time to complete tests or to give verbal instead of written answers. But the ADA does not permit an employer to ask about a person's disability unless the disability is obvious.

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

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find employment. To help them get a job, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans looking for work.

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

Employers must offer accommodations to disabled veterans who require accommodations to complete their job. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes altering the equipment, providing training and transferring responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.