Veterans Disability Law

Veterans disability law is a broad field. We will help you ensure you receive the benefits you are entitled to.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is completed and tracked your case through the process.

USERRA obliges employers to provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions pay, training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating that isn't adequate. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures to be followed and the law is constantly changing. A skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal and develop a convincing argument for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). 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.

You can file your NoD within one year of the date you appealed against the unfavorable decision. If you require additional time to prepare your NOD, an extension may be granted.

Once the NOD has been filed and you have been given a date for your hearing. It is essential that your attorney present at the hearing along with you. The judge will go through all evidence presented before making a decision. A good lawyer will make sure that all the necessary evidence is provided during your hearing. Included in this are any service medical records, private health records and C&P exams.

Disability Benefits

veterans disability lawsuits suffering from a debilitating physical or mental condition that was caused or worsened by their military service might qualify for disability benefits. They can receive a monthly monetary payment 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 are entitled. We assist veterans to file claims, get the necessary medical records and other documents, complete required forms and track the VA's progress on their behalf.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements on an evaluation percentage or disputes regarding 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 properly, and that additional SOCs are prepared with all the necessary information to back each argument in an appeal.

Our lawyers can assist veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian employment or be able to adjust to a different profession in the event that their disabilities hinder them from obtaining meaningful employment. 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 (ADA) prohibits discrimination against veterans who have disabilities, which includes those that may have been caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their duties. This includes modifications to job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide employment and business training program that assists disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different paths to work. This includes reemployment with the same employer; rapid access to employment, self-employment and employment through long-term care.

Employers can inquire to provide any special accommodations to participate in the hiring process, such as more time to take tests or to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about possible discriminatory practices against disabled veterans ought to consider conducting 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 assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To help these veterans disability attorneys get a job, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that hinders one or more major life activities like hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).

Employers must make accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes modifying the equipment, providing training, and transferring responsibility to other positions or places, as well as acquiring adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person has limited physical strength, employers must supply furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.