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Veterans Disability Law

Veterans disability law is a broad area. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim procedure to be supportive of veterans disability lawyer. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated during military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay as well as in training, and other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or have an inadequate 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 complex with many rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help you determine what evidence you should included in your appeal, and help you build a strong argument for your claim.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to state clearly in your NOD on the reason you are not happy with the decision. You don't need to list all the reasons you do not agree with the decision, just those that are relevant.

The NoD is filed within one year from the date of the unfavorable decision you want to appeal. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. Your attorney should be present to the hearing. The judge will review the evidence and make a final decision. A good lawyer will make sure that all the required evidence is presented at your hearing. This includes any service records, private medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental condition which was caused or aggravated through their military service may qualify for disability benefits. They can receive monthly monetary compensation depending on their disability rating which is a percentage that indicates the severity of their condition.

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 and obtain the medical records they require, other documents as well as fill out the required forms, and track the VA’s progress.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements with the percentage evaluation, or disagreements about the date of effective of the rating. If a case is scheduled for an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required information to back every argument in the claim.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to adapt to the new job market if their disabilities prevent them from being able to find 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires that employers provide reasonable accommodations for disabled Veterans Disability Lawyers to perform their duties. This includes adjustments in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in finding work. This is a nation-wide job placement and training program which 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 employment. The five options are reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

Employers may ask applicants to provide any accommodations in the hiring process, including longer time to complete tests or permission to give verbal instead of written answers. However, the ADA does not allow an employer to ask about a person's disability unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans should think about conducting training sessions for all employees to increase awareness and improve understanding of veterans' issues. They may 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 service experience difficult finding employment. To assist them get a job, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions benefits, or other terms and conditions of employment. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting or working, learning, etc. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do work, the employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying equipment, offering training, transferring the duties to different locations or positions, and Veterans Disability Lawyers purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids, talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.