Veterans Disability Law

The law governing veterans disability is a vast area. We help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination against disabled people in hiring, promotions and pay as well as in training, as well as other terms, conditions of employment and privileges.

Appeals

Many veterans are denied benefits or receive a low disability rating when it should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be adhered to, and the law is always changing. An experienced lawyer will guide you through the appeals process, identify the type of evidence you need to present in your appeal, and help you create a compelling argument.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it's important to describe why you disagree with the decision. You don't have to list every reason why you disagree with, but only those that are relevant.

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

Once the NOD is filed and you have been assigned a date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will go through all of your evidence before making a decision. A competent attorney will make sure that all of the required evidence is presented at your hearing. This includes all service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a crippling physical or mental condition that was aggravated or caused by their military service might qualify for disability benefits. These veterans may receive an annual monetary payment according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans to file claims and collect the required medical records, other documents and fill out the required forms, and track the progress of the VA.

We can also assist in appeals of any VA decision, including denials of benefits, disagreements regarding a percentage evaluation or disputes about the date of effective of rating. Our firm will make sure that the first Statement of the Case is properly prepared and any additional SOCs filled with all necessary information are filed when a case is taken to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to help veterans prepare for civilian employment or to transition to a new career when their disabilities preclude their ability to find work that is meaningful. It is also possible for disabled veterans 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 with disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their jobs. This includes adjustments to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a national job placement and business training program that helps disabled veterans find employment and Veterans Disability Lawyer companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to a job. The five options include reemployment at the same company, fast 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 the need for more time to take an exam or if it's okay to speak instead of write their answers. However, the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers that are concerned about discrimination against disabled veterans should consider having training sessions available to all employees to raise awareness and better understand veteran-related issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that provides individual workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find work. To aid these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person's medical background and also prohibits harassment and reprisals based on disability. The ADA defines disability in terms of the condition that significantly restricts one or more major aspects of daily living, including hearing and breathing, walking, or seeing. Sitting, standing, working, learning and more. The ADA does not cover certain conditions that are common among veterans disability attorney, such as hearing loss and post-traumatic stress disorders (PTSD).

Employers must offer accommodations to disabled Veterans disability lawyer who need them to do their job. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, offering training, delegating duties to other jobs or facilities, as well as purchasing adaptive software or hardware. For instance the case of an employee who is visually impaired or blind employers must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with raised or lower surfaces or buy keyboards and mice that are specially designed for those with limited physical dexterity.