Veterans Disability Law

Veterans disability law covers a range of issues. We help you get the benefits to which you are entitled.

Congress created the VA claim process to be veteran-friendly. We make sure 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 acquired during military service or that are aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions pay, training, and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits, or receive an inadequate disability rating, when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an 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 skilled lawyer can help you navigate the process, guide you determine the right evidence to be included in your appeal, and build a strong case for your claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it is crucial to state why you disagree with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You can file your NOD within one year from when you appealed an unfavorable decision. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will be notified of the date for your hearing. It is recommended that you bring your attorney to this hearing. The judge will review your evidence and make a decision. A competent lawyer will ensure that all the necessary evidence is presented during your hearing. This includes all service records, private medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a debilitating physical or mental disorder that was caused or worsened by their military service might qualify for disability benefits. These veterans may receive monthly monetary compensation dependent on their disability score which is a percentage which 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 help veterans to file a claim and obtain the necessary medical records, other documents to complete the necessary forms, and keep track of the VA’s progress.

We can also assist with appeals of VA decision, including denials of benefits, disagreements on an evaluation percentage or disputes regarding the effective date for the rating. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filled out with all of the required information needed to support each argument in the claim.

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 that help veterans prepare for civilian employment or to transition to an entirely new career if their disabilities preclude their ability to find a job that is meaningful. 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 who have disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans do their duties. This includes changes to the job description or changes to the workplace.

Disabled veterans disability attorneys who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a nation-wide job placement and training program that assists disabled veterans Disability lawyer to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose among five paths to a job. These include reemployment with same employer, rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers can ask applicants whether they need any accommodations for the selection process. For example the need for longer time to complete the test or if it's acceptable to speak instead of write their answers. But the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans disability lawyer might think about organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. In addition 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 laws related to disability.

Reasonable Accommodations

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

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that limits one or more major life activities such as hearing, sight breathing, walking sitting, standing and working. The ADA excludes certain conditions that are common to veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must provide it, unless it causes undue hardship on the contractor's business. This includes altering 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 hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.