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Veterans Disability Law

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

Congress designed the VA claim process to be veteran-friendly. We ensure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, rules and privileges of employment.

Appeals

Many veterans are denied disability benefits or are given a low rating that should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures that must be followed and the law is constantly changing. A skilled lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. It is crucial to state clearly in your NOD as to why you are dissatisfied with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

You may file your NOD within one year of the date you appealed the unfavorable ruling. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be given a date for your hearing. It is crucial to have your attorney be present with you. The judge will review the evidence and make a final decision. A competent lawyer will ensure that all necessary evidence is presented during your hearing. This includes any service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a crippling physical or mental illness that was caused or aggravated through their military service may qualify for disability benefits. They can receive monthly monetary compensation dependent on their disability score which is a percentage that shows the severity of their problem.

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

We can also assist with appeals of any VA decisions. This includes denials of VA benefits, disagreements regarding the percentage evaluation or disagreements over the date at which a rating is effective. If a case will be subject to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared and that the additional SOCs are submitted with all the necessary information needed to support every argument in an appeal.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawyer with disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This could include changes in the job description or changes to the workplace.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military may follow one of five routes to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers can inquire to provide any accommodations to participate in the selection process, like more time to sit for a test or permission to provide oral rather than written answers. However, the ADA does not allow employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans might want to consider organizing training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. In addition they can contact the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To help these veterans get a job, the Department of Labor supports a national job search and information resource called EARN. It is funded by the Office of Disability Employment Policy, it provides a free phone number and an 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 in hiring, promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers can request about a person's medical history and prevents harassment or retaliation in response to disability. The ADA defines disability in terms of the condition that significantly restricts one or more essential activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing and working, as well as learning and more. The ADA excludes certain ailments that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must offer it unless it causes undue hardship on the contractor's business. This includes modifying equipment, offering training, delegating the duties to different jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with raised or lower surfaces or buy keyboards and mice that are made for those with limited physical strength.