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Veterans Disability Law

Veterans disability law covers a wide range of issues. We help you get the benefits to which you are entitled.

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

USERRA requires that employers offer reasonable accommodations to employees who have disabilities that are a result of military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. 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 to be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it's important to explain your reasons for disagreeing with the decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

The NoD is filed within one year of the date of the adverse decision you want to appeal. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. You must bring your attorney to this hearing. The judge will examine your evidence and then make a final decision. A good attorney will make sure that all the proper evidence is presented at your hearing. This includes all service records, private medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused or aggravated by their military service may be eligible for disability benefits. They can receive a monthly monetary payment depending on their disability rating which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans in filing a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals to any VA decision, including denials of benefits, disagreements regarding an evaluation percentage or disputes regarding the effective date of rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are submitted with all the necessary information to support every argument in the claim.

Our lawyers can also assist Veterans Disability Law Firms with disabilities related to service apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to prepare them for civilian employment or adapt to a new profession when their disabilities keep 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.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their job. This includes changes to job duties or workplace adjustments.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; rapid access to employment; self-employment; and work through long-term service.

An employer can ask applicants to provide any accommodations to participate in the hiring process, such as more time to sit for tests or permission to provide verbal answers instead of written answers. However, the ADA does not permit employers to inquire about a person's disability unless the disability is obvious.

Employers that are concerned about discriminatory practices against disabled veterans must consider organizing training sessions for all employees to raise awareness and increase understanding of veteran concerns. Additionally 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 related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find work. To aid these veterans in obtaining employment, the Department of Labor Highly recommended Reading funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans disability lawsuit who are seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. The ADA also limits the information employers are able to request regarding a person's medical history and prevents harassment and discrimination due to disability. The ADA defines disability as an illness that severely limits one or more of the major activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting, working, learning and more. The ADA does not cover certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do the job, the employer must provide it, unless it creates a hardship on the contractor's business. This could include modifying the equipment, providing training and reassigning responsibilities to different locations or positions as well as purchasing adaptive hardware or software. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with raised or lower surfaces, read this blog post from www.healthndream.com or purchase keyboards and mice that have been adapted for people who have limited physical strength.