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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is well-prepared and follow your case through the process.

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

Appeals

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, guide you determine what evidence you should submitted with your appeal, and build a strong case for your claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, it is important to explain the reasons you don't agree with the decision. You don't have to list all the reasons why you are not happy with the decision, just those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension if you require additional time to prepare your NOD.

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

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was caused by or worsened as a result of their military service, could be eligible for disability benefits. These veterans may receive an amount of money per month based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file a claim, obtain necessary medical records and other documents, complete necessary forms and keep track of the progress of the VA on their behalf.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements regarding a percentage evaluation or disputes about the date of effective of an evaluation. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are filed with all the required information needed to support each argument in an appeal.

Our lawyers can also help veterans disability lawyers with disabilities related to service apply for vocational rehabilitation services. This program provides education, training and job skills to veterans to prepare them for civilian jobs or to adapt to a new profession when their disabilities keep them from finding work 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 (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been caused or aggravated through military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to do their job. This includes changes in the job description or changes to the workplace.

Veterans with disabilities who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job-placement and business-training program that assists disabled veterans find employment and businesses.

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

An employer can ask applicants if they require any accommodations to participate in the hiring process, such as longer time to complete a test or permission to give verbal instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire 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 service-related disabilities find it difficult to find work. To aid these veterans, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers with disabled veterans disability lawsuits looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. It also limits the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the important life activities, including hearing, seeing breathing, walking standing, sitting, learning and working. The ADA does not cover certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who need them in order to perform their job. This is true unless the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, supplying training and shifting responsibilities to other positions or places 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, talk calculators, Braille devices, and Braille displays. If a person has limited physical strength, employers must supply furniture with raised or lower surfaces or purchase mouses and keyboards that are adapted to the user.