Veterans Disability Law

Veterans disability law covers a range of issues. We will help you get the benefits to which you are entitled.

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

USERRA requires employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated through military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits, or receive low disability ratings when they should receive a higher rating. A qualified veteran benefits lawyer can help you file an appeal with 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 will guide you through the appeals procedure, determine the type of evidence you need to present to support your appeal and assist you create a compelling argument.

The VA appeals process begins with a Notification of Disagreement. In your NOD, it's important to provide reasons your reasons for disagreeing with the decision. You don't have to include every reason you don't agree with the decision. Just those that are relevant.

You may file your NOD within one year of the date that you appealed the unfavorable decision. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD is submitted, you will be provided with a date for hearing. It is essential that your attorney attend the hearing with you. The judge will look over the evidence and make a final decision. A good attorney will make sure that all evidence is presented during your hearing. This includes any service records, medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition which was caused or aggravated by their military service might be eligible for disability benefits. These veterans may receive monthly monetary compensation depending on their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans disability lawsuits in filing a claim and obtain the medical records they require as well as other documentation and fill out the required forms, and track the progress of the VA.

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

Our lawyers can assist veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to prepare them for civilian employment or to be able to adjust to a different profession 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.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This could include changes to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans who are interested in a job. This is a nationwide job-placement and business-training program that assists disabled veterans Disability Lawyers find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to work. The five options include reemployment at the same employer, quick access to employment, self-employment and employment through long-term service.

Employers can inquire if they require any special accommodations to participate in the hiring process, such as longer time to complete an exam or the ability to give oral instead of written answers. However, the ADA does not permit an employer to ask about a person's disability in the absence of evidence.

Employers who are concerned about possible discriminatory practices against disabled veterans must consider holding training sessions for all employees to increase awareness and enhance understanding of veteran issues. They may 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 service struggle to find work. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers to disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions, and benefits. It also restricts the medical information that employers can require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that restricts one or more of the important life activities, such as hearing, sight breathing, walking, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations to complete their duties. This is true unless the accommodations would create unnecessary hardship for the contractor. This includes modifying the equipment, providing training and transferring responsibilities to different locations or positions, as well as acquiring adaptive software or hardware. For instance the case of an employee who is visually impaired or blind the employer has to purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, as well as Braille devices. Employers must furnish furniture with raised or lower surfaces or buy keyboards and mice specially designed for those with physical limitations.