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Veterans Disability Law

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

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is correctly prepared and monitor the progress of your claim.

USERRA stipulates that employers must provide 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 as training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied benefits, or receive an unsatisfactory disability rating when they should receive a higher rating. An experienced veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help you build a strong claim.

The VA appeals process begins with a Notice of Disagreement. It is important to be clear in your NOD about why you are dissatisfied with the decision. You do not have to list every reason why you disagree, but only those that are pertinent.

The NoD is filed within one year of the date of the unfavorable decision that you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with the date for your hearing. Your attorney should be present to this hearing. The judge will examine the evidence and make a decision. A competent attorney will make sure that all evidence is presented at the hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was caused or aggravated through their military service may be eligible for disability benefits. They may be eligible for monthly monetary payments depending 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 to file a claim and obtain the medical records they require, other documents to complete the necessary forms, and keep track of the progress of the VA.

We also can assist with appeals of VA decision, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date of rating. 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 additional SOCs are prepared with all the necessary details to support every argument in a claim.

Our lawyers can also assist Veterans disability lawyers with disabilities that are connected to service apply for vocational rehabilitation services. This program provides education, training and job skills to veterans to prepare them for civilian work or adjust to a new career when their disabilities prevent them from obtaining meaningful employment. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their jobs. This could include changes to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a national training and job placement program that assists veterans with disabilities to jobs and businesses.

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

Employers may ask applicants whether they require any accommodations to participate in the selection process, like extra time to take an exam or the ability to provide verbal answers instead of written answers. However, the ADA does not allow an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may consider holding training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To assist these veterans, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy offers this free telephone and Veterans Disability lawyers electronic system that connects employers with disabled veterans disability lawsuit looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information that employers can request about a person's medical history and prevents harassment and revenge because of disability. The ADA defines disability as a condition that significantly hinders one or more major life activities, such as hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require them in order to perform their job. This is the case unless the accommodation causes undue hardship to the contractor. This includes altering equipment, offering training, reassigning the duties to different locations or positions, and purchasing 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 an individual has limited physical strength, employers must supply furniture that has raised or lowered surfaces or purchase specially designed keyboards and mice.