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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you make sure you receive the benefits that you have earned.

The VA claim process was developed to be easy to use by Congress. We ensure that your application is well-prepared and you can track the progress of your case.

USERRA requires employers to offer reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well as training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to, and the law changes constantly. A knowledgeable lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you create a compelling argument.

The VA appeals process starts with a Notice of Disagreement. It is important to make clear in your NOD as to why you do not agree with the decision. You don't have to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

The NOD can be filed within one year of the date of the adverse decision you want to appeal. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD is filed, you will be notified of a date for hearing. It is essential that your attorney be present together with you. The judge will scrutinize all evidence presented before making a final decision. A good lawyer will ensure that all the required evidence is presented at your hearing. This includes all service records, medical records, and any C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or worsened by their military service might be eligible for disability benefits. These veterans can receive a monthly monetary payment based on their disability rating which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file an application, obtain the required medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements with an evaluation percentage or disputes regarding the effective date for a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that any additional SOCs are filed with all the required information to back each argument in the claim.

Our lawyers can assist veterans suffering from disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans disability attorney for civilian employment or to adapt to a new career when their disabilities make it difficult for them to find work that is meaningful. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their job. This includes changes in the job description or changes to the workplace.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to choose from five different paths to employment. This includes reemployment with the same employer; fast access to employment, self-employment and employment through long-term services.

Employers may ask applicants for any modifications to participate in the hiring process, for example, extra time to take a test or permission to provide oral rather than written answers. The ADA doesn't allow employers to ask about a disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may think about conducting training sessions for their entire staff in order to increase awareness and understanding of veteran issues. In addition they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to obtain employment. To help them in obtaining employment, the Department of Labor funds EARN, a national resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy It provides a no-cost phone and electronic information system that connects employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also restricts the medical information employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, including hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common among veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who need them to do their duties. This is true unless the accommodation would cause undue hardship to the contractor. This could include modifying equipment, offering training, delegating the duties to different jobs or facilities, as well as buying adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical strength.