Veterans Disability Law

Veterans disability law covers a wide variety of issues. We are here to help you get the benefits to which you are entitled.

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

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

Appeals

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be adhered to and the law changes constantly. An experienced lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal, and develop a convincing argument for your case.

The VA appeals process begins 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, only the ones that are relevant.

Your NOD can be submitted within one year of the date of the adverse decision you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. Your attorney should be present to this hearing. The judge will examine the evidence and make a final decision. A competent lawyer will make sure that all necessary evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and is the result of or worsened due to their military service could be qualified for disability benefits. They can receive monthly monetary compensation dependent on their disability score, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans to file a claim and obtain the medical records they require, other documents as well as fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals to any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the effective date of rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed if the case is brought to an appeals court.

Our lawyers can help veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to help them prepare for civilian employment or to adapt to a new profession when their disabilities prevent them from finding work that is meaningful. veterans disability attorneys with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their jobs. This includes changes to work duties or workplace changes.

Disabled veterans looking for work may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program that helps connect disabled veterans to jobs and businesses.

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

Employers can ask applicants whether they need any accommodations for the selection process. For example that they require longer time to complete a test or if it's acceptable to speak instead of write their answers. But the ADA does not allow employers to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and enhance understanding of veteran concerns. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to obtain employment. To help them with their job search, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled Veterans disability lawyers looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment and revenge based on disability. The ADA defines disability as a condition that significantly restricts one or more important life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes some conditions that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to do their job. This is not the case if the accommodation would cause undue hardship to the contractor. This includes modifying equipment, providing training, shifting tasks to other positions or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mouse that are specially designed for those with physical limitations.