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Veterans Disability Law

The law governing veterans disability is a vast area. We work to 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 obliges employers to provide reasonable accommodations to employees with disabilities incurred or aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay, as well as training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for veterans disability lawsuit Claims. The process is complicated with specific rules and procedures to be adhered to, and the law is always changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the type of evidence you need to present with your appeal and help to build a strong case.

The VA appeals process begins with a Notice of Disagreement (NOD). In your NOD, it's important to explain why you are not happy with the decision. You do not have to list every reason that you disagree with, but only those that are pertinent.

You may file your NOD within one year from the date you appealed against the unfavorable decision. If you require longer time to prepare your NOD, veterans disability lawyers an extension may be granted.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. It is recommended that you bring your attorney to this hearing. The judge will go through your evidence prior to making a decision. A good lawyer will make sure that all the necessary evidence is presented at your hearing. This includes all service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans Disability Lawyers who suffer from a mental or physical condition which is disabling and is the result of or aggravated by their military service, may be qualified for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score, which is a percentage that shows the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans to file a claim and obtain the necessary medical records as well as other documentation and fill out the required forms, and keep track of the VA’s progress.

We can also assist with appeals of any VA decisions, such as denials of benefits, disagreements with a percentage evaluation or disputes regarding the effective date of the rating. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to help veterans prepare for civilian employment or to adapt to a new career when their disabilities make it difficult for them to find a job that is meaningful. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their job. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in finding work. This is a national job placement and Veterans Disability Lawyers business training program that assists veterans with disabilities find jobs and companies.

Veterans with disabilities who have been removed from the military could follow one of five tracks to find 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 employment through long-term services.

Employers may ask applicants if they require any accommodations during the hiring process. For example if they require more time to take the test or if it's okay to talk instead of write their answers. But the ADA does not allow an employer to ask about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff in order to increase awareness and understanding of issues faced by 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 find employment. To help them to find work, the Department of Labor funds EARN an online resource that provides information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled veterans disability lawsuit seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions, benefits, or 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 because of disability. The ADA defines disability in terms of the condition that significantly restricts one or more major activities of daily life, such as hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain ailments that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete a job, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, offering training and shifting responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. For example in the event that an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with elevated or lower surfaces or purchase keyboards and mouse that are made for those with limited physical strength.