Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We make sure your application is completed and tracked your case through the process.

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

Appeals

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures to be followed, and the law is ever-changing. A skilled lawyer will guide you through the appeals process, help you determine what evidence you must submit with your appeal and help you create a compelling argument.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is crucial to make clear in your NOD about why you are dissatisfied with the decision. It is not necessary to list every reason that you disagree with, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD is filed and the NOD is filed, you will be assigned a time for your hearing. It is crucial that your attorney present at the hearing along with you. The judge will go over your evidence and then make a final decision. An experienced attorney will ensure that all evidence is presented at your hearing. This includes all service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental disorder which was caused or aggravated by their military service might be eligible for disability benefits. Veterans may receive an annual monetary payment according to the severity of their disability.

Our New York disability attorneys work to ensure that Veterans Disability Lawyers receive all of the benefits to which they have a right to. We assist veterans in filing a claim and obtain the required medical records along with other documents and fill out the required forms, and monitor the VA’s progress.

We can also assist with appeals to any VA decisions, such as denials of benefits, disagreements on the percentage evaluation or disagreements about the date of effective of the rating. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are filed with all the required information to support each argument in the claim.

Our lawyers can help veterans with disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian employment or adapt to a new profession when their disabilities keep them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

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

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a national job placement and business training program that helps disabled veterans find employment and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to gain employment. This includes reemployment with same employer; fast access to employment; self-employment and employment through long-term services.

Employers can inquire whether they require any accommodations to participate in the hiring process, such as extra time to take a test or permission to provide oral rather than written answers. But the ADA does not permit employers to inquire about the disability status of a candidate unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans should consider having training sessions available to all employees to raise awareness and veterans disability lawyers improve understanding of veteran concerns. They should also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with service-related disabilities find it difficult to find employment. To assist them to find work, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans who are seeking work.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also restricts the information employers may inquire about a person's medical background and also prohibits harassment and discrimination because of disability. The ADA defines disability as a condition that limits one or more essential life activities, such as hearing, seeing, walking, breathing, sitting, standing, and working. The ADA excludes some conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must provide it, unless it would impose undue hardship on the contractor's business. This includes altering equipment, offering training, delegating the duties to different jobs or facilities, and acquiring adaptive hardware or software. For example the case of an employee who is visually impaired or blind the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, Braille calculators and talking devices. If a person is unable to exercise physical dexterity, a company should provide furniture with raised or lower surfaces or purchase specially designed keyboards and mice.