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Veterans Disability Law

Veterans disability law covers a wide range of issues. We will work to make sure you receive the benefits that you are entitled to.

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

USERRA stipulates that employers must offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse 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 disability benefits or are given a low rating, which isn't adequate. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine what evidence you must submit to support your appeal and assist to build a strong case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, it's important to explain why you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

The NOD can be filed within one year of the date of the unfavorable decision you want to appeal. If you require additional time to prepare your NOD, an extension can be granted.

After the NOD has been filed and the NOD is filed, you will be assigned a date and time for your hearing. You should bring your attorney to this hearing. The judge will examine your evidence and make a decision. A good lawyer will make sure that all of the necessary evidence is presented at your hearing. This includes any service records, medical records and any C&P exams.

Disability Benefits

veterans disability lawsuits who suffer from a chronic physical or mental condition which was caused or aggravated by their military service may qualify for disability benefits. Veterans can receive a monthly monetary payment based on their disability rating, which is a percentage that demonstrates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing an application and get the medical records they require, other documents and fill out the required forms, and monitor the VA’s progress.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements over a percentage evaluation or disputes over the date of rating that is effective. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared properly, and that the additional SOCs are prepared with all the necessary information to back every argument in the claim.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to prepare veterans for employment in the civilian sector or to transition to the new job market if their disabilities make it difficult for them to find work that is meaningful. 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 who have disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to offer reasonable accommodations for disabled veterans to do their duties. This includes modifications to job duties or modifications to work environments.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a nationwide job-placement and business-training program that helps disabled veterans find jobs and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to employment. The five options include reemployment with the same employer, rapid access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they require any special accommodations to participate in the hiring process, for example, extra time to take tests or to give verbal instead of written answers. The ADA does not allow employers to ask about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans should consider conducting training sessions for all employees to raise awareness and better understand veterans' issues. They can also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN, a national resource for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans seeking employment.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also limits the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more of the important life activities, like hearing, seeing breathing, walking, sitting, standing and working. The ADA excludes certain conditions that are common to veterans, including post-traumatic disorder or tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans disability lawyers (source web page) who need them to complete their job. This is the case unless the accommodations would create unnecessary hardship for the contractor. This can include changing equipment, providing training, reassigning duties to other locations or positions, and purchasing adaptive software or hardware. For instance, if an employee is blind or visually impaired employers must purchase adaptive software and equipment for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mouse that are specifically designed for people with restricted physical dexterity.