Veterans Disability Law

The law governing veterans disability is a broad field. We will fight to help you get the benefits you deserve.

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is properly prepared and track the progress of your claim.

USERRA requires employers to provide 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 in hiring promotions pay, training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive a low rating that should be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, veterans disability lawyers with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, help you determine the evidence you need to submit with your appeal and help to build a strong case.

The VA appeals procedure starts with a Notice of Disagreement. It is important to be clear in your NOD as to why you are dissatisfied with the decision. You don't need to list all the reasons you do not agree with the decision. Just those that are relevant.

You can file your NoD within one year of the date that you appealed the unfavorable decision. If you need more time to prepare your NOD, an extension can be granted.

After the NOD has been filed after which you will be assigned a date for your hearing. You should bring your attorney to the hearing. The judge will look over the evidence and make a decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental condition which is disabling and was triggered or worsened by their military service, may be eligible for disability benefits. They may be eligible for a monthly monetary payment according to the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans with filing claims, get the necessary medical records and other documents, fill out required forms and track the progress of their VA claim on their behalf.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disagreements over the date at which a rating is effective. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are submitted with all the necessary details to support each argument in a 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 to prepare veterans for civilian work or to begin an entirely new career if their disabilities prevent them from being able to find work 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities do their duties. This includes adjustments to work duties or modifications to work environments.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps veterans with disabilities find jobs and businesses.

veterans disability attorneys with disabilities who are separated from the military can follow one of five tracks to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment, and work through long-term services.

Employers may ask applicants if they require any modifications for the hiring process. For example, if they need more time to take the test or if they feel it is okay to speak instead of writing their answers. The ADA doesn't allow employers to inquire about disability unless it's obvious.

Employers who are concerned about discrimination against disabled veterans may consider organizing training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans disability lawyers. 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 disability lawyers who have disabilities caused by service have difficulty to find employment. To assist them with their job search, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also limits the information employers can request about a person's medical history and prevents harassment and discrimination based on disability. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, such as hearing, seeing breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is true unless the accommodations would create unnecessary hardship to the contractor. This includes modifying the equipment, providing training and reassigning responsibilities to different locations or positions, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids and talking calculators, Braille devices, and Braille displays. If a person has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.