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Veterans Disability Law

Veterans disability law covers a variety of issues. We will help you get the benefits to which you are entitled.

Congress designed the VA claim process to be a veteran-friendly one. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions or pay, as well other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits, or receive low disability ratings 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 can be complicated, with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence you should submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to describe your reasons for disagreeing with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

You can file your NoD within one year of the date you appealed against the unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will receive a date for hearing. It is essential that your attorney present at the hearing together with you. The judge will review all of your evidence before making a final decision. A good attorney will make sure that all the evidence needed is presented at the hearing. This includes all service records, private medical records and C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental condition that was aggravated or caused by their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment based on their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file an application, obtain the required medical records as well as other documents, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist with appeals for any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disputes over the effective date of rating. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed when the case is referred to an appeals court.

Our lawyers can assist veterans suffering from disabilities resulting from their service by assisting them in applying 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 a new career when their disabilities prevent them from being able to pursue meaningful employment. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

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 offer reasonable accommodations for veterans with disabilities to perform their duties. This could include changes to job duties and changes to the workplace.

Disabled veterans disability law firms who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national job placement and business training program that assists disabled veterans find jobs and companies.

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

An employer can ask applicants whether they require any modifications to participate in the selection process, like extra time to take a test or permission to provide oral rather than written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and better understand veteran concerns. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to find work. To help them 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 funds this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability when it comes to hiring promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prevents harassment or reprisals due to disability. The ADA defines disability as the condition that significantly restricts one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing or working, learning, etc. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to do work, an employer must provide it unless it creates a hardship on the contractor's business. This can include altering the equipment, supplying training and shifting responsibilities to other positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. If a person has limited physical dexterity, a company must supply furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.