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Veterans Disability Law

Veterans disability law is a broad field. We work to assist you in obtaining the benefits to which you are entitled.

Congress created 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 obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated during military service. Title I of the ADA prohibits discrimination against disabled people in promotions, hiring, and pay and training, and other employment terms, conditions, and rights.

Appeals

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, help you identify what evidence should be included in your appeal, and help you build a strong argument for your case.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you are dissatisfied with the decision. You don't need 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 that you appealed the unfavorable ruling. If you require longer time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed after which you will be assigned a date for your hearing. You must bring your attorney to this hearing. The judge will review your evidence prior to making a final decision. A good lawyer will make sure that all the necessary evidence is presented during your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was caused or aggravated by their military service, may be qualified for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they have a right to. We assist veterans disability law firms to file claims, obtain required medical records and other documents, complete necessary forms and monitor the progress of the VA on their behalf.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disputes over the effective date of rating. Our firm will ensure that the first Statement of the Case is properly prepared and any additional SOCs that contain all the required information are filed when the case is referred to an appeals court.

Our lawyers can also help veterans disability law firms with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for civilian work, or to adjust to a new career when their disabilities preclude their ability to find meaningful work. It is also possible for disabled Veterans Disability Lawyer to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those who have suffered from disabilities caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans perform their duties. This includes changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a national job placement and training program which assists veterans with disabilities to jobs and businesses.

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

Employers may ask applicants if they require any modifications for the hiring process. For instance, if they need more time to take the test or if it is okay to speak instead of write their answers. But the ADA does not permit an employer to inquire about the disability status of a candidate in the absence of evidence.

Employers who are concerned about discrimination against disabled veterans may want to consider organizing training sessions for their entire staff to increase awareness and understanding of veteran-related issues. They can also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to find employment. To aid these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for job referrals and information. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request about a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that substantially restricts one or more essential life activities, such as hearing, sight breathing, walking, standing, sitting, learning, and working. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to perform a job, an employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, offering training, delegating duties to other locations or positions, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mice that have been specifically designed for people with physical limitations.