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Veterans Disability Law

The law governing veterans disability is a broad field. We are here to assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We make sure your application is thoroughly prepared and track your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities incurred 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 or pay, as well other conditions, terms and benefits of employment.

Appeals

Many veterans are denied benefits or have a low disability rating when it should be higher. An experienced veteran benefits attorney can help you file an appeal with 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 is constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you must submit with your appeal and help you prepare a convincing argument.

The VA appeals procedure begins with a Notice of Disagreement. In your NOD, you are important to describe why you disagree with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

You may file your NOD within one year from the date that you appealed the unfavorable ruling. You may be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will be given an appointment date. It is crucial that your attorney attend the hearing with you. The judge will examine your evidence and make a final decision. A good attorney will ensure that all the proper evidence is presented during your hearing. This includes all service records, medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a crippling physical or mental disorder that was caused or aggravated by their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment dependent on their disability score, which is a percentage that shows the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans to file an application and get the medical records they require, other documents and fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals of any VA decisions, including denials of benefits, disagreements with the percentage evaluation, or disagreements over the effective date of the rating. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that additional SOCs are prepared with all the necessary information needed to support each argument in a claim.

Our lawyers can help veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program provides education, training and job-related skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans Disability lawyer who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for veterans with disabilities to perform their job. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a national training and job placement program that assists disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans disability attorney with disabilities to select from five different paths to gain employment. The five options include reemployment at the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants whether they require any special accommodations to participate in the hiring process, including more time to sit for tests or to provide oral rather than written answers. The ADA does not permit employers to ask about a disability unless it's obvious.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and better understand veteran concerns. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service find it difficult to find work. To help them to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. It also limits the medical information employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more of the important life activities, such as hearing, seeing breathing, walking, standing, sitting, learning and working. The ADA excludes certain ailments that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation in order to complete work, the employer must provide it unless it creates a hardship on the contractor's business. This includes modifying the equipment, offering training and shifting responsibilities to other positions or places as well as purchasing adaptive software or hardware. For example the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must provide furniture with elevated or lower surfaces, or purchase keyboards and mice that have been specially designed for those with physical limitations.