Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will work to make sure you receive the benefits that you have earned.

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and we track the progress of your case.

USERRA requires employers to provide reasonable accommodations to employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay, as well as training, and other employment terms, conditions, and privileges.

Appeal

Many veterans are denied benefits or have a low disability rating when it should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you determine the right evidence to be included in your appeal and develop a convincing argument for your case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is essential to make clear in your NOD as to why you disagree with the unfavorable decision. You don't have to list all the reasons you do not agree with the decision, only the ones that are relevant.

You can file your NoD within one year from when you appealed an unfavorable decision. If you require additional time to prepare your NOD, an extension can be granted.

Once the NOD is filed after which you will be assigned a date for your hearing. It is essential that your attorney present at the hearing with you. The judge will scrutinize the evidence you have presented before making a decision. A good attorney will make sure that all of the required evidence is presented during your hearing. This includes all service records, private medical records, and any C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or worsened as a result of their military service could be eligible for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating which is a percentage which indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans with filing claims, get the necessary medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements with the percentage evaluation or disagreements regarding the effective date for rating. Our firm will make sure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed when the case is referred to an appeals court.

Our lawyers can assist veterans with disabilities arising from their service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector, or to adjust to an entirely new career if their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations to disabled Veterans disability lawyers to perform their job. This includes adjustments to job duties or changes to the workplace.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. It is a nationwide program for job placement and training that helps disabled veterans disability attorneys to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different routes to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment, and work through long-term services.

Employers may ask applicants if they require any accommodations in the selection process. For instance, if they need more time to finish a test or if it's okay to speak instead of writing their answers. The ADA does not allow employers to ask about disabilities unless they are obvious.

Employers that are concerned about discrimination against disabled veterans ought to consider organizing training sessions for all employees to raise awareness and enhance understanding of veteran-related issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult to find employment. To assist these veterans with their job search, the Department of Labor supports a national job resourcing and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and other benefits. The ADA also restricts the information employers can ask about a person's health history and prohibits harassment and discrimination due to disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting and working, as well as learning and so on. The ADA excludes some conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require them to do their duties. This is true unless the accommodations would create unnecessary hardship to the contractor. This could include modifying equipment, offering training, delegating duties to other positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, employers must supply furniture with lowered or raised surfaces, or purchase specially designed keyboards and mice.