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Veterans Disability Law

Veterans disability law is a broad area. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be more accommodating for veterans disability attorneys. We ensure that your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that ought to be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, guide you determine the right evidence to be included in your appeal and build a strong case for your claim.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, you are important to explain why you disagree with the decision. You don't have to list every reason you disagree, but only those that are relevant.

You can file your NOD within one year from the date you appealed against the unfavorable ruling. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with an appointment date. It is recommended that you bring your attorney to the hearing. The judge will examine the evidence and make a final decision. A competent lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes any service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans disability lawyers suffering from a disabling physical or mental illness that was caused or aggravated by their military service might be eligible for disability benefits. Veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file claims, get the necessary medical records and other documents, complete required forms and track the progress of the VA on their behalf.

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

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that prepare veterans for employment in the civilian sector or to adapt to changing careers when their disabilities preclude their ability to find a job that is meaningful. 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 towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their job. This could include changes in the work environment or job duties.

Disabled veterans interested in employment 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 to jobs and businesses.

Veterans with disabilities who are separated from the military can choose one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment and work through long-term service.

Employers may ask applicants for any accommodations to participate in the hiring process, such as more time to take tests or permission to provide oral rather than 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 think about organizing training sessions for all of their employees to increase awareness and understanding of veteran-related issues. In addition they can contact the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to obtain employment. To help them, the Department of Labor supports a national job referral and information resource known as EARN. Funded by the Office of Disability Employment Policy It provides a no-cost telephone and electronic information system that connects employers with disabled veterans who are looking for jobs.

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

If a disabled veteran needs an accommodation to perform work, an employer must provide it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, providing training, and transferring responsibility to other positions or places in addition to acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must provide furniture with elevated or lower surfaces or buy keyboards and mouse that are adapted for people who have restricted physical dexterity.