Veterans Disability Law

Veterans disability law is a vast area. We work to help you get the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA requires that employers provide reasonable accommodations to employees who have disabilities that are a result of military service or that are aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions and pay as well as in training, and other terms, conditions of employment and rights.

Appeal

Many veterans are denied benefits or receive low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures to be adhered to, and the law changes constantly. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit in your appeal, and help you create a compelling argument.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is crucial to make clear in your NOD on the reason you do not agree with the decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

The NoD is filed within one year from the date of the adverse decision that you are appealing. If you require longer time to prepare your NOD, an extension could be granted.

Once the NOD is filed, you will be assigned a date and time for your hearing. It is recommended that you bring your attorney to the hearing. The judge will look over your evidence and make a decision. A competent attorney will make sure that all the evidence needed is presented at the hearing. This includes any service records, private medical records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused or aggravated by their military service could be eligible for disability benefits. Veterans may receive an amount of money per month dependent on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help Veterans Disability Lawyers to file a claim and obtain the medical records they require and other documents as well as fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals to any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes regarding the effective date of the rating. Our firm will make sure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the relevant information are filed when the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to prepare veterans for civilian work, or to adjust to a new career when their disabilities preclude their ability to find a job that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or worsened by military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to complete their duties. This includes changes to work duties or workplace changes.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that assists disabled veterans find jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment; self-employment and employment through long-term care.

An employer may ask applicants if they require any accommodations in the hiring process, such as more time to sit for a test or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person's disability status unless it is evident.

Employers who are concerned about possible discrimination against disabled veterans should think about organizing training sessions for all employees to increase awareness and enhance understanding of veteran-related 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 who have disabilities caused by service have difficulty to obtain employment. To help them to find work, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans disability attorney in search of jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers may request about a person's medical background and also prohibits harassment and revenge in response to disability. The ADA defines disability in terms of conditions that severely limit one or more of the major activities of daily living, such as hearing and breathing, walking, or seeing. Sitting, standing or working, learning and learning, etc. The ADA excludes certain conditions that are common to veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them to complete their job. This is true unless the accommodation causes undue hardship for the contractor. This includes modifying the equipment, offering training and shifting responsibilities to other positions or locations as well as purchasing adaptive software or hardware. For instance when an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers should provide furniture with higher or lower surfaces, or purchase keyboards and mice made for those with limited physical strength.