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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will do our best to make sure you receive the benefits that you deserve.

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

USERRA requires employers to offer reasonable accommodations to employees with disabilities incurred during military service, or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well as training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied benefits or have an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. An experienced lawyer can help you navigate the process, help you identify what evidence should be submitted with your appeal, and create a compelling case for your case.

The VA appeals process starts with a Notice of Disagreement. It is important to be clear in your NOD as to why you disagree with the unfavorable decision. It is not necessary to list all the reasons you do not agree with the decision, but only the ones that are relevant.

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

After the NOD is filed, you will receive the date for your hearing. It is recommended that you bring your attorney to the hearing. The judge will examine the evidence and then make a final decision. An experienced attorney will ensure that all of the required evidence is presented at your hearing. This includes all service records, private medical records and any C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder that was aggravated or caused by their military service may qualify for disability benefits. These veterans could receive an amount of money per month according to the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We help veterans to file a claim and obtain the required medical records along with other documents and fill out the required forms, and keep track of the VA’s progress.

We can also assist in appeals of any VA decisions. This includes denials of VA benefits, disagreements on the percentage evaluation or disagreements over the date at which a rating is effective. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that further SOCs are filled out with all of the required information to support every argument in a claim.

Our lawyers can help veterans with disabilities that are related to their military service when applying for vocational rehabilitation services. This program provides training, education and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities prevent them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation 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 make reasonable accommodations to assist veterans disability Lawyer with disabilities perform their jobs. This includes changes to job duties and changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability law firm interested in finding work. This is a nationwide job placement and business training program that assists disabled veterans find employment and companies.

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

Employers may ask applicants if they require any accommodations during the hiring process. For example that they require 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 a disability unless it's evident.

Employers who are concerned about possible discrimination against disabled veterans should think about organizing training sessions for all employees to increase awareness and increase understanding of veterans' issues. They should also contact Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their military experience have difficult to find work. To help them with their job search, the Department of Labor supports a national job-related referral and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers can ask about a person's health history and prohibits harassment and discrimination based on disability. The ADA defines disability as a condition which significantly restricts one or more of the major life activities like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, including tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs accommodations to complete the job, the employer must provide it, unless it creates a hardship on the contractor's business. This includes altering the equipment, providing training and shifting responsibilities to different positions or locations in addition to acquiring adaptive software or hardware. For example, if an employee is blind or visually impaired employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. If a person is unable to exercise physical strength, the employer must supply furniture with raised or lower surfaces, or purchase adapted keyboards and mouses.