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Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to assist you in obtaining 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 correctly prepared and monitor the progress of your claim.

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when they should receive a higher rating. A veteran benefits lawyer can assist 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 is constantly changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you prepare a convincing argument.

The VA appeals procedure starts with a Notice of Disagreement. It is crucial to state clearly in your NOD on the reason you are not happy with the decision. You don't have to list every reason 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're appealing. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed and the NOD is filed, you will be given a date for your hearing. Your attorney should be present to this hearing. The judge will examine your evidence and make a final determination. A competent attorney will make sure that all of the required evidence is presented at your hearing. Included in this are medical records, service medical records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused or worsened as a result of their military service, could be qualified for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans to file claims and collect the medical records they require along with other documents and fill out the required forms, and monitor the progress of the VA.

We can also help with appeals to any VA decisions. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disputes over the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed if the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities may 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, including those caused by or aggravated due to military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans to do their duties. This includes modifications to job duties or workplace adjustments.

Disabled veterans looking for work may want to inquire with the Department of Labor's Ticket to Work program. This is a national training and job placement program which assists disabled veterans disability lawyers to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select from five different paths to gain employment. The five options include reemployment with the same employer, speedy access to employment, self-employment, and work through long-term services.

Employers can ask applicants whether they require any accommodations during the hiring process. For example the need for more time to take a test or if it's acceptable to speak instead of writing their answers. But the ADA does not permit an employer to ask about a person's disability status unless it is apparent.

Employers who are concerned about possible discrimination against disabled veterans should think about organizing training sessions for all employees to raise awareness and improve understanding of veterans' issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans disability attorneys who have service-related disabilities find it difficult to find work. To help these veterans with their job search, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that substantially hinders one or more major life activities, like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran needs an accommodation in order to complete the job, the employer must offer it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, offering training and reassigning responsibilities to different locations or positions and acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and veterans disability hardware, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must provide furniture with raised or lower surfaces, or purchase keyboards and mice that have been made for those with physical limitations.