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Veterans Disability Law

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

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities incurred during military service or aggravated by military service. Title I of ADA prohibits discrimination based on disability in hiring, promotions, and pay and training, and other employment terms, conditions, and privileges.

Appeals

Many veterans disability lawsuit are denied benefits or receive an inadequate disability rating, when they should receive a higher rating. An experienced veteran benefits attorney can help you file an 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. A skilled lawyer can help you navigate the process, help you determine what evidence should be submitted with your appeal, and build a strong case for your case.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, you are important to explain why you disagree with the decision. You don't have to list every reason why you disagree with, 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 in case you require additional time to prepare your NOD.

After the NOD is submitted, you will be provided with a date for hearing. It is recommended that you bring your attorney to the hearing. The judge will go over your evidence and then make a final decision. An experienced attorney will ensure that all evidence is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition that was caused or worsened by their military service might be eligible for disability benefits. veterans Disability lawyer can receive a monthly monetary payment based on their disability rating, which is a percentage that shows the severity of their problem.

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

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

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to transition to changing careers when their disabilities prevent them from being able 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.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities perform their jobs. This includes changes to job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans who are interested in a job. This is a national program for job placement and business education program that helps disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose from five different routes to a job. The five options include reemployment with the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they require any modifications for the selection process. For example, if they need longer time to complete a test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about possible discrimination against disabled veterans must consider holding training sessions for all employees to increase awareness and increase understanding of veteran-related 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 who have disabilities caused by service have difficulty to find work. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for information and referrals to jobs. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. It also limits the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do the job, the employer must accommodate it unless it causes undue hardship on the contractor's business. This can include changing equipment, providing training, delegating tasks to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mouse that are specially designed for those with restricted physical dexterity.