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Veterans Disability Law

Veterans disability law covers a range of issues. We will assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires that employers offer reasonable accommodations for employees with disabilities acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, and other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, 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 should be submitted with your appeal, and help you build a strong argument for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it's important to explain the reasons you don't agree with the decision. You do not have to list every reason that you disagree with, but only those that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable decision. If you require more time to prepare your NOD, an extension may be granted.

Once the NOD is filed, you will be assigned a date for your hearing. You must bring your attorney to the hearing. The judge will go over the evidence and then make a final decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and was caused by or worsened as a result of their military service may be eligible for disability benefits. veterans disability lawyer can receive monthly monetary compensation based on their disability rating which is a percentage which indicates the severity of their condition.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We assist veterans to file an application and obtain the medical records they require, other documents to complete the necessary forms, and track the VA’s progress.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or disagreements over the date of effective rating. Our firm will make sure that the initial Statement of the Case is properly prepared and any additional SOCs that contain all the required details are filed in the event that a case is taken to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to begin an entirely new career if their disabilities hinder their ability to pursue meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their job. This includes changes in the job description or changes to the workplace.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program that helps disabled veterans disability lawsuits to jobs and businesses.

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

Employers can inquire if they require any accommodations to participate in the hiring process, for example, more time to sit for a test or permission to give verbal instead of written answers. The ADA doesn't allow employers to ask about disabilities unless they are obvious.

Employers that are concerned about possible discriminatory practices against disabled veterans should consider having training sessions available to all employees to increase awareness and increase understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To assist them to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for work.

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

Employers must provide accommodations to disabled veterans who require them to do their job. This is the case unless the accommodation would cause undue hardship for the contractor. This could include modifying equipment, providing training, transferring tasks to other locations or positions, and purchasing adaptive software or hardware. For example, if an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. If an individual has limited physical dexterity, an employer must supply furniture with lowered or raised surfaces or purchase mouses and keyboards that are adapted to the user.