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Veterans Disability Law

The law governing veterans disability is a vast area. We will assist you in obtaining the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We make sure your application is properly prepared and we track your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities that are incurred or aggravated in military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions and pay, as well as training, as well as other employment terms, conditions and rights.

Appeals

Many veterans are denied benefits or have a low 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, help you determine the evidence you need to submit in your appeal, and help you build a strong claim.

The VA appeals procedure begins with a Notice to Disagreement. It is crucial to make clear in your NOD about why you are not happy with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

The NOD can be filed within one year from the date of the unfavorable decision you're appealing. If you require additional time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed, you will be assigned a date and time for your hearing. It is important to have your attorney attend this hearing along with you. The judge will review all of your evidence before making a final decision. An experienced attorney will ensure that all the evidence needed is presented at your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans suffering from a debilitating mental or physical condition which was caused or aggravated through their military service could be eligible for disability benefits. These veterans disability attorney could receive monthly monetary payments depending 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 assist veterans to file an application and obtain the medical records they require as well as other documentation, fill out required forms, and track the progress of the VA.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes over the effective date of an evaluation. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed when a case is taken to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector or to adapt to changing careers when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who may have been incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their duties. This includes changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a national job-training and placement program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to gain employment. This includes reemployment with the same employer, rapid access to employment; self-employment; and work through long-term service.

Employers may ask applicants if they require any modifications for the hiring process. For instance if they require more time to take the test or if it's okay to talk instead of writing their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider conducting training sessions for their entire employees to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

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 funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers to disabled veterans seeking work.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more major aspects of daily life, such as hearing and seeing, walking, breathing. Sitting, standing or working, learning and learning, etc. The ADA excludes certain conditions that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require them to do their job. This is not the case if the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, reassigning tasks to other jobs or facilities, and buying adaptive hardware or software. For instance, if an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. If a person has limited physical strength, the employer must supply furniture with raised or lowered surfaces or purchase mouses and keyboards that are adapted to the user.