Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans disability attorneys. We make sure that your application is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits or have a low disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for veterans disability Veterans Claims. The process is very complex with specific rules and procedures to be followed, and the law is always changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you should submit in your appeal, and help you prepare a convincing argument.

The VA appeals process starts with a Notice of Disagreement (NOD). It is important to make clear in your NOD of the reasons you disagree with the unfavorable decision. You don't have to list every reason why you disagree, but only those that are relevant.

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

Once the NOD has been filed and the NOD is filed, you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will look over the evidence you have presented before making a decision. A competent lawyer will ensure that all the necessary evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and is the result of or worsened due to their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment dependent on their disability score which is a percentage that indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans to file a claim, obtain necessary medical records and other documents, fill out necessary forms and monitor the progress of their VA claim on their behalf.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of the rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared properly, and that further SOCs are prepared with all the necessary information needed to support each argument in the claim.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans disability veterans to help them prepare for civilian employment or to be able to adjust to a different profession in the event that their disabilities hinder them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans to perform their duties. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a nation-wide program for job placement and training that helps veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military could follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term service.

Employers may ask applicants to provide any modifications to participate in the hiring process, including longer time to complete a test or permission to provide verbal answers instead of written answers. The ADA does not permit employers to ask about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans may consider organizing training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. In addition, they can seek out the Job Accommodation Network, a free service for consultation that provides individualized workplace accommodations solutions and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To help them get a job, the Department of Labor supports a national job search and information resource known as EARN. Funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers can ask about a person's health history and prohibits harassment and discrimination in response to disability. The ADA defines disability as a condition that restricts one or more of the essential life activities, such as hearing, sight breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must provide it, unless it creates a hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers must furnish furniture with elevated or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical dexterity.