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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to help you get the benefits you have earned.

Congress created the VA claim procedure to be supportive of veterans. We ensure that your application is completed and tracked your case through the process.

USERRA requires that employers provide reasonable accommodations to employees with disabilities that arise during military service or aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay, as well as training, as well as other employment terms, conditions and privileges.

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, assist you to determine what evidence should be included in your appeal, and develop a convincing argument for your case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it's important to provide reasons why you are not happy with the decision. You don't need to list all the reasons you do not agree with the decision, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed against the unfavorable decision. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will receive an appointment date. You must bring your attorney to the hearing. The judge will review your evidence and then make a final decision. A good lawyer will ensure that all of the necessary evidence is provided during your hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and is the result of or aggravated by their military service may be qualified for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating which is a percentage that indicates the severity of their problem.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans to file an application and get the required medical records along with other documents and fill out the required forms, and monitor the progress of the VA.

We also can assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding a percentage evaluation or disagreements over the date at which a rating is effective. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared and that any additional SOCs are submitted with all the necessary information needed to support each argument in an appeal.

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 that prepare veterans for civilian employment, or to adjust to changing careers when their disabilities preclude their ability to find a job that is meaningful. veterans disability law firm with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their job. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nationwide job placement and training program which assists Veterans Disability Lawyers with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military can follow one of five pathways to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer, rapid access to employment; self-employment and employment through long-term care.

An employer can ask applicants whether they require any accommodations to participate in the hiring process, such as more time to take an exam or the ability to give verbal instead of written answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may consider conducting training sessions for all of their staff in order to increase awareness and understanding of issues faced by veterans. Additionally, they can reach out to the Job Accommodation Network, a free consultation service that offers specific workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans with their job search, the Department of Labor supports a national job referral and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also limits the information that employers can inquire about a person's medical history and prohibits harassment and reprisals because of disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, such as hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain ailments that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to complete their duties. This is true unless the accommodation causes undue hardship to the contractor. This includes altering the equipment, providing training and reassigning responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers as well as electronic visual aids, talking calculators, and Braille devices. If a person is unable to exercise physical strength, the employer should provide furniture with raised or lower surfaces, or purchase adapted mouses and keyboards.