Veterans Disability Law

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

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

USERRA requires employers to offer reasonable accommodations to employees with disabilities that arise during military service or veterans Disability made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions or pay, as well other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help to build a strong case.

The VA appeals process begins with a Notice to Disagreement. In your NOD, it's important to explain the reasons you don't agree with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable ruling. If you require longer time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will receive an appointment date. It is crucial to have your attorney present at the hearing together with you. The judge will examine your evidence and then make a final decision. A competent attorney will make sure that all of the required evidence is presented during your hearing. This includes any service records, medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a crippling physical or mental condition which was caused or aggravated by their military service may be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans to file claims and collect the required medical records, other documents as well as fill out the required forms, and track the progress of the VA.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation or disagreements over the date at which a rating is effective. Our firm will ensure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities keep them from obtaining 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their duties. This includes changes to the job description or changes to the workplace.

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

Veterans with disabilities who are separating from the military can choose one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). 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 require any modifications for the selection process. For instance if they require longer time to complete the test or if it's okay to speak instead of write their answers. However, the ADA does not permit employers to inquire about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for all of their staff to increase awareness and understanding of the issues facing veterans disability lawyers. Additionally, they can seek out the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To help them get a job, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment and revenge because of disability. The ADA defines disability as a condition that substantially restricts one or more major life activities including hearing, seeing breathing, walking, sitting, standing, and working. 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 in order to complete a job, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering equipment, providing training, reassigning duties to other positions or facilities, and buying adaptive hardware or software. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mice adapted for people who have limited physical dexterity.