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Veterans Disability Law

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

The VA claim process was developed to be user-friendly by Congress. We make sure your application is well-prepared and follow your case through the process.

USERRA requires employers to offer 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 the hiring process, promotions and pay and training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans disability lawsuit are denied benefits or receive an unsatisfactory disability rating when it should be higher. A veteran benefits lawyer can assist 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 always changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be submitted with your appeal, and help you build a strong argument for your case.

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

The NOD must be submitted within one year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, an extension could be granted.

After the NOD has been filed, you will be notified of the date for your hearing. It is crucial that your attorney attend this hearing together with you. The judge will go over the evidence and make a final decision. A good lawyer will ensure that all the required evidence is exhibited during your hearing. This includes any service records, medical records and any C&P exams.

Disability Benefits

Veterans who suffer from a physical or mental health issue that is incapacitating and was caused by or aggravated by their military service may be eligible for disability benefits. Veterans can receive a monthly monetary payment according to their disability rating which is a percentage that indicates the severity of their problem.

Our New York disability lawyers work to ensure that veterans get all benefits to which they're entitled. We help veterans file claims, get the necessary medical records as well as other documents, fill out required forms and track the VA's progress on their behalf.

We can also assist with appeals of any VA decisions, including denials of benefits, disagreements regarding the percentage evaluation or disagreements regarding the effective date for rating. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that additional SOCs are filed with all the required information to back each argument in the claim.

Our lawyers can assist veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for employment in the civilian sector or to begin an entirely new career if their disabilities preclude their ability to find 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, including those that may have been caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their jobs. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nation-wide training and job placement program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose among five paths to employment. The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term service.

Employers can inquire whether they require any accommodations in the hiring process, for example, longer time to complete an exam or the ability to give verbal instead of written answers. The ADA does not allow employers to ask about disabilities unless they are obvious.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. Additionally they can contact the Job Accommodation Network, a free consulting service that provides individual workplace accommodations and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

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

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. It also limits the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of conditions that severely limit one or more essential activities of daily life, such as hearing and breathing, walking, or seeing. Standing, sitting or working, learning, etc. The ADA excludes certain conditions that are common among veterans disability law firms, such as post-traumatic stress disorder and tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, an employer must provide it unless it would impose undue hardship on the contractor's business. This can include changing equipment, providing training, transferring duties to other jobs or facilities, and acquiring adaptive hardware or software. For instance when an employee is visually impaired or blind, an employer must acquire adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with elevated or lower surfaces or buy keyboards and mouse that are specially designed for those with limited physical strength.