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Veterans Disability Law

Veterans disability law is a broad area. We work to help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure 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 ADA prohibits discrimination on the basis of disability in promotions, hiring, and pay and also in training, and other terms, conditions of employment, and privileges.

Appeal

Many veterans are denied benefits or receive a low disability rating when it should be higher. A qualified veteran benefits attorney can help you file 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. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit with your appeal and help you build a strong claim.

The VA appeals process starts with a Notice of Disagreement. It is important to make clear in your NOD as to why you are dissatisfied with the decision. You do not have to list every reason you disagree with, but only those that are relevant.

The NOD can be filed within one year of the date of the adverse decision that you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD has been filed, you will be notified of the date for your hearing. It is crucial that your attorney present at the hearing with you. The judge will go over the evidence and then make a final decision. A competent lawyer will ensure that all necessary evidence is provided during your hearing. Included in this are medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened by their military service may be eligible 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 illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans in filing claims and collect the necessary medical records as well as other documentation, fill out required forms, and track the VA’s progress.

We can also assist with appeals to any VA decisions, including denials of benefits, disagreements with an evaluation percentage or disputes about the date of effective of the rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that the additional SOCs are submitted with all the necessary information needed to support each argument in a claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to help veterans prepare for civilian employment or to begin the new job market if their disabilities make it difficult for them 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations to disabled veterans disability attorney to perform their duties. This includes changes to job duties or workplace modifications.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps veterans with disabilities to jobs and businesses.

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

Employers can ask applicants whether they require any modifications for the selection process. For example the need for more time to finish the test or if they feel it's okay to speak instead of write their answers. The ADA does not permit employers to ask about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans disability lawyers may be interested in holding training sessions for their entire employees to increase awareness and understanding of veteran issues. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To help these Veterans Disability Lawyer, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers are able to inquire about a person's medical background and also prohibits harassment and discrimination based on disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting, working, learning and more. The ADA excludes certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to do their job. This is not the case if the accommodation would cause undue hardship for the contractor. This could include modifying equipment, offering training, reassigning the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must furnish furniture with raised or lower surfaces or purchase keyboards and mice that have been specially designed for those with limited physical dexterity.