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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is properly prepared and track the progress of your claim.

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

Appeals

Many veterans are denied disability benefits or receive a low rating, which isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated with specific rules and procedures that must be followed and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is essential to make clear in your NOD on the reason you are dissatisfied with the decision. You don't have to list all the reasons why you are not happy with the decision, just those that are relevant.

The NOD must be filed within one year from the date of the unfavorable decision you want to appeal. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed after which you will be assigned a date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will scrutinize the evidence you have presented before making a decision. An experienced attorney will ensure that all the proper evidence is presented at the hearing. This includes all service records, private medical records as well as any C&P tests.

Disability Benefits

Veterans Disability Lawyer who suffer from a disabling mental or physical condition that was caused or aggravated by their military service may qualify for disability benefits. They may be eligible for monthly monetary payments based on the degree 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 claims, obtain required medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements regarding a percentage evaluation or disputes regarding the effective date for the rating. Our firm will make sure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the required information are filed when the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities related to their service in applying for vocational rehabilitation services. This program provides education, training and job-related skills for veterans to prepare them for civilian employment or to be able to adjust to a different profession when their disabilities keep them from finding work that is meaningful. Veterans with disabilities might also 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 that employers offer reasonable accommodations for disabled veterans to do their job. This includes changes in the work environment or job duties.

Disabled veterans disability lawyer interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program which assists veterans with disabilities to jobs and businesses.

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

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance the need for more time to complete the test or if it is okay to speak instead of writing their answers. The ADA does not permit employers to inquire about disability unless it's evident.

Employers who are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and improve understanding of veterans' issues. They can also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To help them in obtaining employment, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment or retaliation in response to disability. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, like hearing and breathing, walking, or seeing. Standing, sitting or working, learning and more. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to do their job. This is true unless the accommodation causes undue hardship for the contractor. This could include modifying the equipment, offering training and shifting responsibilities to other positions or places as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices and Braille displays. If an individual has limited physical strength, employers should provide furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.