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Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and you can track the progress of your claim.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits disability discrimination in hiring, promotions, and pay and also in training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with specific rules and procedures that must be adhered to and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine what evidence you should submit for your appeal, and assist you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD as to why you are dissatisfied with the decision. It is not necessary to list all the reasons you do not agree with the decision, only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision that you are appealing. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD has been submitted, you will be provided with a date for hearing. You should bring your attorney to the hearing. The judge will go through the evidence you have presented before making a final decision. A good lawyer will ensure that all the required evidence is presented during your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental illness which was caused or aggravated through their military service could be eligible for disability benefits. These veterans could receive monthly monetary payments dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file a claim and obtain the required medical records along with other documents and fill out the required forms, and track the progress of the VA.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements on the percentage of an evaluation or a dispute over the date of rating that is effective. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs that contain all the required details are filed in the event that the case is brought to an appeals court.

Our lawyers can also assist veterans with disabilities related to service apply for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to prepare them for civilian employment or to adapt to a new profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities may 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 caused or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans disability attorneys to perform their job. This could include changes to work duties or modifications to work environments.

Disabled veterans interested in employment 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 helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans disability attorneys to choose from five different paths to employment. These include reemployment with the same employer; quick access to employment; self-employment; and employment through long-term services.

Employers may ask applicants to provide any accommodations to participate in the selection process, like more time to take a test or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person's disability status unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might consider conducting training sessions for their entire staff in order to increase awareness and 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 Disability Lawyer with disabilities that are related to their service experience difficult to find work. To help them, 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 telephone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions or benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more major aspects of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and more. The ADA does not cover certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete work, the employer must provide it, unless it creates a hardship on the contractor's business. This could include modifying equipment, offering training, reassigning duties to other jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer must provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.