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.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed, and the law is constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence should be included in your appeal and build a strong case for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe why you disagree with the decision. You don't have to list every reason you disagree, but only those that are pertinent.

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

After the NOD has been filed and the NOD is filed, you will be given a date for your hearing. You must bring your attorney to this hearing. The judge will look over your evidence and then make a final decision. A good lawyer will ensure that all the required evidence is exhibited during your hearing. This includes all service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was caused by or worsened by their military service, may be qualified for disability benefits. These veterans disability lawyer may receive an amount of money per month dependent on the degree of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans with filing claims, obtain required medical records and other documentation, fill out required forms and track the progress of their VA claim on their behalf.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that the additional SOCs are prepared with all the necessary information to back every argument in a claim.

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to prepare them for civilian jobs or to adapt to a new profession in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities may be eligible for 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 with disabilities, including those who may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their duties. This includes adjustments to work duties or workplace adjustments.

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 jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to work. These include reemployment with same employer, rapid access to employment, self-employment and employment through long-term care.

An employer can ask applicants to provide any special accommodations to participate in the hiring process, for example, extra time to take a test or permission to provide verbal answers instead of written answers. However, the ADA does not allow an employer to ask about the disability status of a candidate unless the disability is obvious.

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

Reasonable Accommodations

Many veterans who have disabilities due to their service experience difficult to find employment. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical history and prohibits harassment and discrimination based on disability. The ADA defines disability as a condition that significantly restricts one or more of the important life activities, like hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain ailments that are common in veterans Disability law firms, including hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their job. This is not the case if the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, supplying training, and transferring responsibility to other positions or locations as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice that have been adapted for people who have restricted physical dexterity.