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Veterans Disability Law

Veterans disability law is a vast area. We will do our best to get you the benefits you are entitled to.

Congress created the VA claim procedure to be supportive of veterans. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions pay, training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or get a low disability rating when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to, and the law is constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit for your appeal, and assist to build a strong case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to explain your reasons for disagreeing with the decision. You don't have to list every reason you disagree, but only those that are pertinent.

You can file your NoD within one year of the date you appealed the unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will receive an appointment date. Your attorney should be present to this hearing. The judge will review all evidence presented before making a decision. A good lawyer will ensure that all the necessary evidence is presented at your hearing. This includes all service records, private medical records and any C&P exams.

Disability Benefits

Veterans suffering from a crippling physical or mental illness that was caused or worsened through their military service may qualify for disability benefits. Veterans may receive an amount of money per month dependent on the severity of their disability.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans in filing a claim and obtain the necessary medical records, other documents, fill out required forms, and keep track of the progress of the VA.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements over the percentage evaluation, or disagreements about the date of effective of a rating. 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 additional SOCs are filed with all the required information needed to support every argument in a claim.

Our lawyers can assist veterans disability attorneys with disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides education, training and job skills to veterans to prepare them for civilian employment or be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to offer reasonable accommodations for veterans with disabilities to perform their job. This could include changes to work duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in employment. This is a nationwide job-placement and business-training program that helps disabled veterans find employment and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to gain employment. The five options are reemployment at the same company, fast access to employment, self-employment and the possibility of employment through long-term service.

Employers may ask applicants for any accommodations to participate in the hiring process, such as more time to take a test or permission to provide oral rather than written answers. However, the ADA does not allow an employer to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about possible discrimination against disabled Veterans disability Lawyer must consider holding training sessions for all employees to raise awareness and better understand veteran-related issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers individual workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find employment. To assist these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. Funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information that employers can inquire about a person's medical history and prohibits harassment and revenge because of disability. The ADA defines disability as a condition that substantially restricts one or more of the essential life activities, like hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do a job, an employer must offer it unless it creates a hardship on the contractor's business. This can include altering the equipment, offering training, and transferring responsibility to other positions or places in addition to acquiring adaptive hardware or software. For instance the case of an employee who is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that have been made for those with physical limitations.