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Veterans Disability Law

Veterans disability law covers a variety of issues. We will help you make sure you receive the benefits that you are entitled to.

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is completed and tracked your case through the process.

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

Appeals

Many veterans are denied disability benefits or receive an inadequate rating that ought to 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 can guide you through the process, help identify what evidence should be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to state clearly in your NOD about why you disagree with the unfavorable decision. You don't need to list all the reasons why you are not happy with the decision, only those that are relevant.

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

Once the NOD is filed, you will be given a date for your hearing. You must bring your attorney to this hearing. The judge will go over your evidence and make a final determination. A good attorney will ensure that all evidence is presented at the hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was aggravated or caused by their military service may be eligible for disability benefits. They can receive a monthly monetary payment based on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that Veterans disability lawyer receive all of the benefits to which they have a right to. We assist veterans in filing an application, obtain the required medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements on a percentage evaluation or disagreements over the date at which a rating is effective. If a case is scheduled for an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required details to support every argument in a claim.

Our lawyers can help veterans with disabilities arising from their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian work or to adapt to changing careers when their disabilities prevent them from being able to pursue 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their duties. This includes modifications to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a national training and job placement program that helps disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans disability lawyers with disabilities to select among five paths to employment. The five options include reemployment at the same company, fast access to employment, self-employment and work through long-term services.

Employers can inquire whether they require any special accommodations to participate in the hiring process, including longer time to complete tests or permission to provide verbal answers instead of written answers. But the ADA does not allow employers to inquire 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 all of their employees to increase awareness and understanding of issues faced by veterans. Additionally they can contact the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans disability attorney with disabilities resulting from service are unable to find employment. To help them with their job search, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy which provides a free phone number and an electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and Veterans disability lawyer 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 significantly limits one or more major life activities, such as hearing, seeing breathing, walking, sitting, standing and working. The ADA does not cover certain conditions that are common for veterans, like the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must offer it unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, delegating the duties to different positions or facilities, and purchasing adaptive software or hardware. For example the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and equipment for computers electronic visual aids, Braille calculators and talking devices. If a person has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.