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Veterans Disability Law

Veterans disability law covers a wide range of issues. We are here to 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 make reasonable accommodations available to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions pay, training, and other conditions, terms and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures to be adhered to and the law is ever-changing. A skilled lawyer can help you navigate the process, help determine what evidence should be submitted with your appeal, and develop a convincing argument for your case.

The VA appeals procedure begins with a Notice to Disagreement. In your NOD, it is important to provide reasons why you are not happy with the decision. You don't have to list all the reasons you do not agree with the decision, but only those that are relevant.

The NOD can be filed within one year of the date of the adverse decision you're appealing. You could be granted an extension if you need additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date and time for your hearing. Your attorney should be present to this hearing. The judge will review the evidence you have presented before making a decision. A competent lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is debilitating and was caused by or worsened as a result of their military service could be qualified for disability benefits. These veterans could receive an annual monetary payment according to the degree of their disability.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans with filing an application, obtain the required medical records and other documentation, fill out necessary forms and keep track of the progress of the VA on their behalf.

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

Our lawyers can also assist veterans disability law firm with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for civilian employment or to begin an entirely new career if their disabilities hinder 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 prohibits discrimination against veterans disability lawsuits with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to aid veterans with disabilities perform their jobs. This includes changes in the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans looking to find work. This is a nation-wide job placement and training program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who have been removed from the military can choose one of five paths to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same employer, quick access to employment, self-employment, and employment through long-term service.

An employer may ask applicants for any special accommodations to participate in the selection process, like longer time to complete a test or permission to provide oral rather than written answers. However, the ADA does not allow an employer to inquire about a person's disability status unless the disability is obvious.

Employers that are concerned about possible discrimination against disabled veterans should consider conducting training sessions for all employees to increase awareness and better understand veteran concerns. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to obtain employment. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy funds this free phone and electronic system to connect employers to disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also limits the information employers can ask about a person's health history and prohibits harassment and revenge because of disability. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily living, such as hearing and walking, breathing, seeing. Sitting, standing, working, learning, etc. The ADA excludes certain conditions that are common to veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who need them in order to perform their job. This is not the case if the accommodation causes undue hardship to the contractor. This could include modifying the equipment, supplying training and transferring responsibilities to different locations or positions in addition to acquiring adaptive software or hardware. For example the case of an employee who is visually impaired or blind employers must purchase adaptive software and hardware for computers, electronic visual aids and Braille calculators and talking devices. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mice made for those with limited physical strength.