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Veterans Disability Law

The law governing veterans disability is a broad field. We are here to help you get the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is properly prepared and track the progress of your case.

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service or made worse by 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 disability benefits or receive a low rating that should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be followed, and the law changes constantly. A skilled lawyer can help you navigate the process, help determine the right evidence to be included in your appeal and create a compelling case for your case.

The VA appeals process begins with a Notice of Disagreement. It is important to state clearly in your NOD about why you are not happy with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.

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

Once the NOD is filed and the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney attend the hearing along with you. The judge will review the evidence and make a decision. A good attorney will make sure that all of the required evidence is presented during your hearing. Included in this are medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was caused or aggravated by their military service may qualify for disability benefits. Veterans may receive a monthly monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file an application and get the medical records they require and other documents as well as fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals of VA decision, including denials of benefits, disagreements with the percentage evaluation, or disagreements regarding the effective date for a rating. Our firm will ensure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant details are filed if 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 is designed to provide training, education and job skills to prepare Veterans disability lawyers for civilian employment or to begin changing careers when their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities do their duties. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are looking for work may want 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 helps disabled veterans disability attorneys find work and companies.

Veterans with disabilities who are separated from the military could follow one of five routes for employment under 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 can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance the need for longer time to complete the test or if they feel it's okay to speak instead of writing their answers. But the ADA does not allow an employer to ask about a person's disability unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans should think about conducting training sessions for all employees to increase awareness and enhance understanding of veteran-related issues. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to get a job. To assist these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions, and benefits. It also restricts the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain conditions that are common among veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them to do their duties. This is the case unless the accommodation would cause undue hardship for the contractor. This could include modifying equipment, providing training, delegating duties to other jobs or facilities, and purchasing adaptive software or hardware. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must offer furniture with raised or lower surfaces, or purchase keyboards and mouse that are specifically designed for people with limited physical dexterity.