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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We are here to assist you in obtaining 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 thoroughly prepared and track your case through the process.

USERRA requires that employers provide reasonable accommodations for employees with disabilities that arise during military service or made worse by 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 rights.

Appeal

Many veterans are denied benefits or have low disability ratings when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be adhered to and the law is ever-changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit in your appeal, and help to build a strong case.

The VA appeals process begins with a Notification of Disagreement. It is crucial to state clearly in your NOD on the reason you are dissatisfied with the decision. You don't have to include all the reasons you do not agree with the decision. Just those that are relevant.

The NOD must be submitted within one year of the date of the adverse decision you're appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD is filed, you will be given a date for your hearing. You should bring your attorney to this hearing. The judge will go over your evidence and make a decision. A good lawyer will ensure that all of the necessary evidence is presented at your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was aggravated or caused by their military service may qualify for disability benefits. These veterans disability lawsuit can receive a monthly monetary payment based on their disability rating which is a percentage that shows the severity of their illness.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing an application and get the medical records they require, other documents, fill out required forms, and monitor the VA’s progress.

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

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for employment in the civilian sector, or to adjust to a new career when their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those who have suffered from disabilities incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to do their job. This includes changes to the job description or changes to the workplace.

Disabled veterans interested in employment may want to contact the Department of Labor's Ticket to Work program. It is a nationwide job-training and placement program that helps connect disabled veterans disability lawyer to jobs and businesses.

veterans disability attorney with disabilities who are separated from the military can choose one of five tracks for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with the same employer; rapid access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants to provide any special accommodations to participate in the hiring process, such as extra time to take tests or permission to provide verbal answers instead of written answers. But the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans may want to consider having training sessions for all of their staff to increase awareness and understanding of the issues facing veterans. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, Veterans Disability Law and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To assist these veterans, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information employers are able to request about a person's medical background and also prohibits harassment and discrimination due to disability. The ADA defines disability as a condition that hinders one or more essential life activities, including hearing, seeing breathing, walking, sitting, standing, learning and working. The ADA excludes certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

Employers are required to provide accommodations for disabled veterans disability compensation who require them to do their job. This is not the case if the accommodation causes undue hardship for the contractor. This includes modifying equipment, providing training, transferring tasks to other positions or facilities, and purchasing adaptive software or hardware. For instance in the event that an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers, electronic visual aids and talking calculators, and Braille devices. Employers must provide furniture with raised or lower surfaces or buy keyboards and mouse that are specifically designed for people with limited physical dexterity.