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Veterans Disability Law

Veterans disability law is a broad field. We are here to help you get the benefits to which you are entitled.

The VA claim process was developed to be easy to use by Congress. We make sure that your application is well-prepared and you can track the progress of your case.

USERRA requires that employers offer reasonable accommodations for employees with disabilities that arise during military service, or aggravated by military service. Title I of ADA prohibits disability discrimination in promotions, hiring, and pay, as well as training, as well as other terms, conditions of employment, and privileges.

Appeals

Many veterans are denied disability benefits or are given low ratings that isn't adequate. An experienced veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be followed and the law is always changing. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence should be included in your appeal and build a strong case for your claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is important to explain the reasons you don't agree with the decision. It is not necessary to list every reason why you disagree with, but only those that are relevant.

You may file your NOD within one year from the date you appealed against the unfavorable decision. You may be granted an extension if you require additional time to prepare your NOD.

After the NOD is filed, you will be given a date for hearing. Your attorney should be present to the hearing. The judge will go over your evidence and make a decision. A competent lawyer will make sure that all the required evidence is presented during your hearing. Included in this are service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a crippling physical or mental illness that was caused or aggravated through their military service may be eligible for disability benefits. Veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans disability attorneys - their explanation - receive the full benefits they're entitled to. We assist veterans in filing claims and collect the medical records they require and other documents to complete the necessary forms, and monitor the VA’s progress.

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of a rating. Our firm will ensure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the required details are filed in the event that the case is brought to an appeals court.

Our lawyers can also help veterans disability lawyers with disabilities related to service apply for vocational rehabilitation services. This program provides training, education and job skills to veterans disability lawsuit to help them prepare for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from finding 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 who have disabilities, which includes those caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their duties. This includes changes to the work environment or job duties.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists veterans disability case with disabilities find jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five pathways to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, veterans disability attorneys rapid access to employment; self-employment; and employment through long-term care.

Employers may ask applicants for any accommodations to participate in the hiring process, including extra time to take a test or permission to give verbal instead of written answers. However, the ADA does not allow an employer to ask about a person's disability status unless it is evident.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for their entire staff to increase awareness and understanding of veteran issues. They should also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service experience difficult to find work. To help these veterans, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers to disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions benefits, or other terms and conditions of employment. It also limits the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more major life activities, such as hearing, sight breathing, walking, standing, sitting, learning and working. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must make accommodations for disabled veterans who require accommodations to complete their job. This is true unless the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, shifting duties to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice specially designed for those with limited physical dexterity.