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Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of veterans. We ensure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied benefits or receive a low disability rating when they should receive a higher rating. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for veterans disability attorney Claims. The process is complicated, with specific rules and procedures that must be adhered to, and the law is ever-changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you should submit with your appeal and help to build a strong case.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, you are important to describe why you disagree with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

The NoD is filed within a year of the date of the unfavorable decision you want to appeal. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will review the evidence and then make a final decision. A competent lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental condition that was caused or aggravated by their military service might be eligible for disability benefits. They may be eligible for a monthly monetary payment depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans with filing claims, get the necessary medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

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

Our lawyers can help veterans with disabilities arising from 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 jobs or to be able to adjust to a different profession when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities might also be eligible for both VA disability benefits and 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 by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans Disability Lawyer interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide training and job placement program which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are separated from the military may follow one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers may ask applicants to provide any accommodations in the selection process, like more time to sit for tests or permission to give oral instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans may want to consider holding training sessions for all of their staff in order to increase awareness and understanding of the issues facing veterans. Additionally they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find work. To help these veterans, the Department of Labor supports a national job-related referral and information resource known as EARN. 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 seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also limits the information employers can ask about a person's health history and prohibits harassment and revenge due to disability. The ADA defines disability in terms of a condition that significantly limits one or more essential activities of daily living, like hearing and breathing, walking, or seeing. Standing, sitting, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying equipment, providing training, delegating the duties to different jobs or facilities, as well as purchasing adaptive software or hardware. For instance when an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with higher or lower surfaces or purchase keyboards and mice that have been specifically designed for people with limited physical strength.