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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you deserve.

Congress designed the VA claim process to be veteran-friendly. We will ensure that your claim is thoroughly prepared and track your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated during military service. Title I of ADA prohibits discrimination on the basis of disability in hiring, promotions and pay and training, and other employment terms, conditions and rights.

Appeal

Many veterans are denied benefits or have an unsatisfactory disability rating when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is essential to be clear in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list every reason that you disagree, but only those that are relevant.

You may file your NOD within one year of the date you appealed against the unfavorable ruling. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been submitted, you will be provided with a date for hearing. It is essential that your attorney be present along with you. The judge will review your evidence and then make a final decision. A competent lawyer will ensure that all the necessary evidence is presented at your hearing. This includes all service records, medical records as well as any C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental condition that was aggravated or caused by their military service might qualify for disability benefits. Veterans may receive an amount of money per month based on the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans in filing a claim and obtain the necessary medical records along with other documents, fill out required forms, and track the VA’s progress.

We also can assist with appeals to any VA decisions, such as denials of benefits, disagreements with the percentage evaluation, or disagreements regarding the effective date of the rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary information are filed if the case is brought to an appeals court.

Our lawyers can also assist veterans disability lawyer with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training and job-related skills to veterans to help them prepare for civilian work or adapt to a new 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.

Accommodations for Employers

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

Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a nation-wide program for job placement and training that helps disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer; quick access to employment; self-employment and employment through long-term care.

Employers may ask applicants if they require any accommodations in the selection process, like more time to take an exam or the ability to give oral instead of written answers. However, the ADA does not permit employers to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans disability lawyer may consider conducting training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. They can also reach out to Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To assist these veterans get a job, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy is the one that funds this free phone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who require them in order to perform their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This could include modifying the equipment, providing training and transferring responsibilities to different positions or locations and acquiring adaptive software or hardware. For example, if an employee is blind or visually impaired, an employer must acquire adaptive software and equipment for computers, electronic visual aids and talking calculators, as well as Braille devices. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that have been specially designed for those with physical limitations.