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Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA requires employers to offer reasonable accommodations for employees with disabilities incurred during military service or made worse 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 benefits of employment.

Appeal

Many veterans are denied benefits, or receive an unsatisfactory 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 procedure is complex with specific rules and procedures that must be followed and the law is always changing. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present for your appeal, and assist you prepare a convincing argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to explain why you disagree with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

The NOD can be filed within one year of the date of the adverse decision you want to appeal. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD has been filed, you will be notified of a date for hearing. It is important to have your attorney be present together with you. The judge will go over the evidence and then make a final decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. This includes all service records, private medical records as well as any C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder which was caused or aggravated by their military service might be eligible for disability benefits. These veterans may receive monthly monetary payments based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We help veterans file a claim, obtain necessary medical records and other documents, fill out necessary forms and monitor the VA's progress on their behalf.

We can also help in appeals of any VA decision. This includes denials of VA benefits, disagreements about the evaluation of a percentage or a dispute over the date at which a rating is effective. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed when a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities related to their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to adapt to a new career when their disabilities hinder their ability to find meaningful work. Veterans with disabilities might also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans disability law firm who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their job. This includes changes to work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nationwide program for job placement and training that helps connect disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire whether they require any accommodations in the selection process, like longer time to complete a test or permission to give oral instead of written answers. But the ADA does not allow an employer to ask about the disability status of a candidate unless it is apparent.

Employers who are concerned about discrimination against disabled veterans disability lawyers might want to consider organizing training sessions for their entire staff in order to increase awareness and understanding of veteran issues. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans disability law firm with service-related disabilities find it difficult to find work. To assist them get a job, the Department of Labor supports a national job search and information resource called EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are in search of jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. The ADA also limits the information that employers can inquire about a person's medical history and prevents harassment or reprisals based on disability. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily living, including hearing and breathing, walking, or seeing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain ailments that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must offer it unless it causes undue hardship on the contractor's business. This could include modifying equipment, providing training, reassigning the duties to different jobs or facilities, and purchasing adaptive software or hardware. If an employee is blind, or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, employers must supply furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.