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Veterans Disability Law

The law governing veterans disability is a broad area. We are here to help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA requires that employers provide reasonable accommodations for employees who have disabilities that are a result of military service or made worse by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay, as well as training, and other terms, conditions of employment, and rights.

Appeals

Many veterans disability lawsuits are denied disability benefits or are given low ratings that ought to be higher. A veteran benefits lawyer can help you 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 changes constantly. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit for your appeal, and assist you prepare a convincing argument.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD as to why you are not happy with the decision. You don't need to list all the reasons why you are not happy with the decision, but only the ones that are relevant.

You are able to file your NOD within one year from the date you appealed against the unfavorable ruling. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. It is essential that your attorney present at the hearing with you. The judge will go over your evidence and then make a final decision. A competent lawyer will make sure that all the necessary evidence is provided during your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was caused or worsened through their military service may be eligible for disability benefits. These Veterans disability lawyers may receive monthly monetary compensation according to their disability rating, which is a percentage that indicates the severity of their problem.

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

We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements over the percentage evaluation or disagreements about the date of effective of the 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 further SOCs are filed with all the required information needed to support each argument in a claim.

Our lawyers can assist veterans suffering from disabilities that are related to their service in applying for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to prepare them for civilian employment or to learn to adapt to a new job when their disabilities prevent them from finding meaningful work. Veterans with disabilities might also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to do their duties. This could include changes to job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in finding work. It is a nationwide job placement and training program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military could follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, rapid access to employment, self-employment, and employment through long-term military service.

Employers may ask applicants if they need any accommodations for the selection process. For example if they require longer time to complete the test or if it's acceptable to speak instead of write their answers. The ADA does not permit employers to ask about a disability unless it's obvious.

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

Reasonable Accommodations

Many veterans with disabilities that are related to their military experience have difficult to get a job. To help these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and job vacancies. Funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can ask about a person's health history and prevents harassment or revenge based on disability. The ADA defines disability as a condition which significantly limits one or more major life activities such as hearing, sight breathing, walking, sitting, standing, learning and working. The ADA does not cover certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation in order to complete the job, the employer must provide it, unless it creates a hardship on the contractor's business. This includes altering equipment, offering training, delegating the duties to different jobs or facilities, as well as purchasing adaptive software or hardware. For example the case of an employee who is visually impaired or blind employers must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mice that are specially designed for those with limited physical strength.