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Veterans Disability Law

Veterans disability law covers a wide range of issues. We work to assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied disability benefits or are given an inadequate rating that isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for veterans disability lawyer Claims. The process is very complex, with specific rules and procedures that must be adhered to and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, identify the evidence you need to submit in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You do not have to list every reason that you disagree with, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed after which you will be assigned a date for your hearing. It is important to have your attorney present at the hearing along with you. The judge will go through your evidence prior to making a final decision. A good attorney will ensure that all the proper evidence is presented at your hearing. This includes all service records, private medical records and C&P tests.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was aggravated or caused by their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation depending on their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing claims and collect the required medical records as well as other documentation to complete the necessary forms, and track the VA’s progress.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes regarding the effective date for an evaluation. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filled out with all of the required information to back every argument in a claim.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers training, education, and job skills for veterans to prepare them for civilian employment or to be able to adjust to a different profession when their disabilities keep them from working in a meaningful way. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their job. This includes changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in employment. This is a nationwide job placement and business training program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different paths to gain employment. These include reemployment with the same employer; fast access to employment; self-employment; and employment through long-term services.

An employer can ask applicants if they require any accommodations in the hiring process, for example, longer time to complete tests or permission to give oral instead of written answers. The ADA doesn't allow employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might be interested in organizing training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They may 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 service have difficult finding employment. To help these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. It is funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can inquire about a person's medical history and prevents harassment or revenge due to disability. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and more. The ADA excludes certain ailments that are common in veterans, including post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans disability lawsuits who need them to do their duties. This is the case unless the accommodation causes undue hardship for the contractor. This could include modifying equipment, providing training, shifting tasks to other positions or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids, talk calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer must provide furniture with raised or lowered surfaces or purchase specially designed keyboards and mice.