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Veterans Disability Law

Veterans disability law covers a variety of issues. We will do our best to help you get the benefits you are entitled to.

Congress designed the VA claim process to be a veteran-friendly one. We make sure your application is well-prepared and follow your case through the process.

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

Appeal

Many veterans are denied disability benefits or are given an inadequate rating that should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and 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 process starts with the filing of a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD about why you are not happy with the decision. It is not necessary to list all the reasons why you are not happy with the decision. Just those that are relevant.

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

Once the NOD is filed and you have been given a date for your hearing. It is crucial that your attorney present at the hearing together with you. The judge will go over the evidence and make a final determination. An experienced attorney will ensure that all the evidence needed is presented at your hearing. Included in this are medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans who suffer from a chronic mental or physical condition which was caused or aggravated through their military service could qualify for disability benefits. Veterans may receive an annual monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We assist veterans to file an application and obtain the medical records they require and other documents, fill out required forms, and keep track of the VA’s progress.

We can also assist with appeals to any VA decision. This includes denials of VA benefits, disagreements about a percentage evaluation or a dispute over the date at which a rating is effective. If a case is sent to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are prepared with all the necessary information to back each argument in the claim.

Our lawyers can assist veterans with disabilities that are related to their service by assisting them in applying for vocational rehabilitation services. This program is designed to provide training, education and Veterans Disability job-related abilities to help veterans prepare for civilian employment or to transition to an entirely new career if their disabilities prevent them from being able to pursue 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their job. This could include changes in job duties or changes to the workplace.

Disabled veterans disability lawsuit interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nation-wide job-training and placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different routes to a job. This includes reemployment with the same employer; quick access to employment; self-employment; and work through long-term service.

An employer can ask applicants to provide any accommodations to participate in the hiring process, such as more time to sit for tests or to provide verbal answers instead of written answers. However, Veterans Disability the ADA does not allow an employer to ask about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for their entire employees to increase awareness and understanding of veteran-related issues. Additionally, they can reach out to the Job Accommodation Network, a free service for consultation that provides individual workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans disability lawyers who have disabilities due to their service find it difficult to get a job. To help these veterans with their job search, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring promotions and benefits, as well as other terms and conditions of employment. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as conditions that severely limit one or more of the major activities of daily living, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them in order to perform their duties. This is not the case if the accommodation causes undue hardship for the contractor. This can include altering the equipment, offering training and shifting responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical dexterity, a company should provide furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.