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Veterans Disability Law

Veterans disability law covers a variety of issues. We will help you get you the benefits you have earned.

The VA claim process was developed to be easy to use by Congress. We will ensure that your claim is well-prepared and we track the progress of your case.

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

Appeals

Many veterans are denied benefits or have a low disability rating when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you should submit for your appeal, and assist you build a strong claim.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, you are crucial to state why you are not happy with the decision. It is not necessary to list every reason you don't agree with the decision, but only those that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable ruling. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD is filed, you will be notified of an appointment for hearing. Your attorney should be present to the hearing. The judge will go over your evidence and make a decision. A good lawyer will ensure that all necessary evidence is exhibited during your hearing. This includes all service records, private medical records as well as any C&P exams.

Disability Benefits

Veterans who suffer from a debilitating mental or physical condition that was caused or aggravated by their military service might qualify for disability benefits. Veterans may receive an amount of money per month based on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We help veterans file a claim, obtain necessary medical records as well as other documents, fill out necessary forms and monitor the VA's progress on their behalf.

We can also help with appeals of any VA decisions. This includes denials of VA benefits, disagreements about the evaluation of a percentage or a dispute over the date at which a rating is effective. Our firm will make sure that the initial Statement of the Case is properly prepared and that any additional SOCs filled with all necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program offers education, training, and job skills for veterans to prepare them for civilian employment or adjust to a new career when their disabilities prevent them from working in a meaningful way. Veterans with disabilities might also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawyers with disabilities, which includes those that may have been caused or aggravated through military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to do their job. This includes changes to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a national program for job placement and business education program that helps veterans with disabilities find jobs and companies.

Veterans with disabilities who are separating from the military can follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with same employer, rapid access to employment; self-employment and employment through long-term services.

An employer can ask applicants to provide any accommodations in the selection process, like extra time to take tests or permission to provide oral rather than written answers. But the ADA does not allow employers to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for their entire staff to increase awareness and understanding of issues faced by veterans. Additionally they can seek out the Job Accommodation Network, a free consulting service that provides customized workplace accommodations and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find employment. To assist these Veterans disability lawyers, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request about a person's medical history and prohibits harassment and discrimination due to disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, such as tinnitus or post-traumatic disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete the job, the employer must provide it, unless it causes undue hardship on the contractor's business. This can include changing equipment, offering training, reassigning duties to other jobs or facilities, and acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to 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 provide furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.