Veterans Disability Law

Veterans disability law covers a variety of issues. We will work to ensure you receive the benefits you are entitled to.

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is correctly prepared and monitor the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions or pay, as well other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits or have low disability ratings when it should be higher. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer can help you navigate the process, assist you to identify what evidence should be included in your appeal and create a compelling case for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it's crucial to state the reasons you don't agree with the decision. You don't need to list every reason you don't agree with the decision, only the ones that are relevant.

The NOD must be submitted within one year of the date of the adverse decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will be given the date for your hearing. It is essential that your attorney attend the hearing with you. The judge will examine your evidence and make a decision. A good lawyer will ensure that all the necessary evidence is provided during your hearing. Included in this are medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was caused or worsened through their military service could be eligible for disability benefits. These veterans may receive monthly monetary payments according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans get all benefits they're entitled to. We help veterans file claims, obtain required medical records and other documents, complete required forms and track the progress of the VA on their behalf.

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

Our lawyers can assist veterans Disability Lawyers suffering from disabilities related to their service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to help them prepare for civilian work or adjust to a new career when their disabilities prevent them from working in a meaningful way. Veterans with disabilities may be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their jobs. This could include changes to job duties and workplace adjustments.

Disabled veterans disability law firms who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps disabled veterans find jobs and businesses.

Veterans with disabilities who are leaving from the military could follow one of five pathways to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, speedy access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the selection process. For example, if they need longer time to complete the test or if they feel it's acceptable to speak instead of write their answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is obvious.

Employers that are concerned about possible discrimination against disabled veterans should consider having training sessions available to all employees to raise awareness and better understand veteran issues. Additionally, they can contact the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to find work. To help them with their job search, the Department of Labor funds EARN the nation's most trusted resource for information and referrals to jobs. Funded by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and more. The ADA excludes certain ailments 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 accommodations to complete their duties. This is true unless the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, delegating the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices and Braille displays. If a person is unable to exercise physical strength, the employer should provide furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.