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Veterans Disability Law

Veterans disability law covers a wide range of issues. We assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim procedure to be supportive of veterans. We make sure your application is completed and tracked your case through the process.

USERRA stipulates that employers must provide reasonable accommodations to employees with disabilities that arise during military service, or aggravated by military service. Title I of the ADA prohibits disability discrimination in hiring, promotions and pay and also in training, and other employment terms, conditions and privileges.

Appeal

Many veterans are denied benefits or get low disability ratings when it should be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and regulations to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, help determine what evidence you should included in your appeal and help you build a strong argument for your case.

The VA appeals process begins with a Notice of Disagreement (NOD). It is important to state clearly in your NOD of the reasons you disagree with the unfavorable decision. You don't need to list all the reasons you do not agree with the decision, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed against the unfavorable ruling. If you require more time to prepare your NOD, an extension can be granted.

Once the NOD has been filed, you will be assigned a date and time for your hearing. You must bring your attorney to this hearing. The judge will scrutinize your evidence prior to making a decision. A competent lawyer will make sure that all necessary evidence is presented during your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

veterans disability lawyer who suffer from a physical or mental illness that is limiting and was triggered or aggravated by their military service, may be eligible for disability benefits. Veterans may receive a monthly monetary payment dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that Veterans Disability Lawyers get all benefits to which they're entitled. We assist veterans to file a claim and obtain the required medical records and other documents as well as fill out the required forms, and track the progress of the VA.

We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements over the evaluation of a percentage or a dispute over the date of effective rating. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required details to support every argument in a claim.

Our lawyers can assist veterans suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide training, education and job-related abilities to help veterans prepare for civilian employment or to adapt to a new career when their disabilities make it difficult for them 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.

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 employers to make reasonable accommodations to help veterans with disabilities perform their jobs. This could include changes to job duties and workplace adjustments.

Disabled veterans interested in employment may want to contact the Department of Labor's Ticket to Work program. This is a nationwide training and job placement program that assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to gain employment. This includes reemployment with the same employer; fast access to employment; self-employment; and work through long-term service.

An employer can ask applicants whether they require any accommodations in the hiring process, for example, more time to take tests or permission to give oral instead of written answers. The ADA does not permit employers to inquire about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for all of their staff to increase awareness and understanding of veteran issues. They should 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 employment. To help these veterans to find work, the Department of Labor supports a national job resourcing and information resource called EARN. It is funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) bans discrimination on basis of a disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person's medical history and prevents harassment and reprisals because of disability. The ADA defines disability as a condition that restricts one or more of the major life activities, like hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, including hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their duties. This is true unless the accommodations would create unnecessary hardship for the contractor. This includes altering the equipment, providing training and transferring responsibilities to different positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids and talking calculators, Braille devices and Braille displays. If an employee has limited physical dexterity, an employer must supply furniture with raised or lower surfaces or purchase adapted keyboards and mouses.