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Veterans Disability Law

The law governing veterans disability is a broad field. We will 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 well-prepared and we track the progress of your case.

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

Appeal

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer will guide you through the appeals process, advise you on what evidence you should submit to support your appeal and assist to build a strong case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it is important to describe the reasons you don't agree with the decision. You do not have to list every reason that you disagree with, but only those that are relevant.

Your NOD can be filed within one year from the date of the adverse decision you are appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

After the NOD is submitted, you will be provided with an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will look over your evidence and make a decision. A good attorney will ensure that all the evidence needed is presented during your hearing. Included in this are any service records, health records that are private and C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition that was caused or aggravated by their military service may be eligible for disability benefits. These veterans disability lawsuits may receive a monthly monetary payment dependent on their disability score, veterans disability law Firms which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We help veterans to file a claim and obtain the required medical records, other documents as well as fill out the required forms, and track the VA’s progress.

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

Our lawyers can assist veterans suffering from disabilities that are related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans disability lawsuits for employment in the civilian sector or to begin a new career when their disabilities preclude their ability to find meaningful work. 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to assist veterans with disabilities perform their job. This includes adjustments in job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a nationwide training and job placement program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, quick access to employment, self-employment and work through long-term services.

Employers may ask applicants to provide any accommodations in the selection process, like more time to sit for tests or to provide oral rather than written answers. But the ADA does not allow an employer to ask about a person's disability unless it is apparent.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider having training sessions available to all employees to raise awareness and better understand veteran-related issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical assistance regarding the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more essential life activities, such as hearing, sight breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans disability law firms, like tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering the equipment, providing training, and transferring responsibility to different locations or positions as well as purchasing adaptive hardware or software. For instance in the event that an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille and talking calculators devices. If an employee has limited physical dexterity, an employer must provide furniture that has raised or lowered surfaces, Veterans disability law firms or purchase adapted mouses and keyboards.