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Veterans Disability Law

The law governing veterans disability is a vast area. We will help you get you the benefits you are entitled to.

The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is properly prepared and we track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees with disabilities incurred 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, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating that isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. A skilled lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, you are important to describe your reasons for disagreeing with the decision. You don't have to include all the reasons why you are not happy with the decision. Just the ones that are relevant.

The NOD must be filed within a year of the date of the adverse decision you want to appeal. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will receive an appointment for hearing. It is important to have your attorney present at the hearing along with you. The judge will review all of your evidence before making a decision. A competent attorney will make sure that all evidence is presented at your hearing. This includes any service records, veterans disability law firm private medical records as well as any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was caused by or worsened by their military service could be qualified for disability benefits. These veterans may receive an annual monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file claims and collect the medical records they require along with other documents, fill out required forms, and monitor the progress of the VA.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements regarding the effective date for a rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that the additional SOCs are filled out with all of the required information needed to support each argument in a claim.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to prepare them for civilian employment or learn to adapt to a new job when their disabilities prevent them from finding work that is meaningful. Veterans with disabilities may also 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 disability lawsuits with disabilities, which includes those incurred in or aggravated by military service. The ADA also requires that employers provide reasonable accommodations for disabled veterans disability lawyer to do their job. This includes changes to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide job placement and business training program that helps disabled veterans find work and companies.

Veterans with disabilities who are separating from the military may follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; quick access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the selection process. For instance if they require more time to take an exam or if it's acceptable to speak instead of writing their answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans must consider having training sessions available to all employees to raise awareness and enhance understanding of veteran concerns. In addition they can contact the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many Veterans disability lawyers with disabilities related to service struggle to obtain employment. To assist them to find work, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can request regarding a person's medical history and prevents harassment and retaliation based on disability. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, such as hearing, sight breathing, walking sitting, standing, learning and working. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to do their duties. This is the case unless the accommodation creates unnecessary hardship to the contractor. This can include changing equipment, offering training, delegating duties to other positions or facilities, and purchasing adaptive software or hardware. For example when an employee is visually impaired or blind employers must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with raised or lower surfaces or purchase keyboards and mice that have been specially designed for those with limited physical strength.