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Veterans Disability Law

Veterans disability law is a broad field. We will fight to ensure you receive the benefits you are entitled to.

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is correctly prepared and monitor the progress of your case.

USERRA stipulates that employers must 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 benefits of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating that isn't adequate. A qualified veteran benefits lawyer can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process is complex with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, assist you to determine what evidence should be included in your appeal, and help you build a strong argument for your case.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). It is important to state clearly in your NOD as to why you are not happy with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

The NOD can be filed within a year of the date of the adverse decision you are appealing. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD is submitted, you will be provided with the date for your hearing. It is essential that your attorney attend the hearing with you. The judge will review the evidence you have presented before making a decision. A good lawyer will make sure that all of the necessary evidence is exhibited during your hearing. This includes any service records, private medical records and any C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was caused or aggravated by their military service may be eligible for disability benefits. These veterans disability lawsuit may receive an amount of money per month depending on the severity of their disability rating.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans to file claims, get the necessary medical records and other documentation, fill out necessary forms and monitor the progress of the VA on their behalf.

We can also assist with appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the percentage of an evaluation, or disputes about the date of rating that is effective. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs with all the necessary details are filed in the event that a case is taken to an appeals court.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills to help veterans prepare for civilian employment, or to adjust to an entirely new career if their disabilities preclude their ability to pursue meaningful employment. 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 (ADA) prohibits discrimination against veterans who have disabilities, including those caused or aggravated by military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to perform their job. This could include changes in work duties or workplace changes.

Disabled Veterans disability Lawyer interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find employment and companies.

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

Employers may ask applicants if they require any modifications for the hiring process. For example if they require more time to complete the test or if they feel it's acceptable to speak instead of writing their answers. However, the ADA does not permit employers to inquire about a person's disability status in the absence of evidence.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider organizing training sessions for all employees to increase awareness and increase understanding of veterans' issues. They should also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find employment. To aid these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information that employers can request regarding a person's medical background and also prohibits harassment and reprisals based on disability. The ADA defines disability as a condition that substantially limits one or more major life activities, including hearing, seeing breathing, walking sitting, standing, learning and working. The ADA excludes certain conditions that are common for veterans disability lawsuit, like hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must provide it, unless it will impose unreasonable hardship on the contractor's business. This includes modifying equipment, providing training, shifting the duties to different positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, which includes electronic visual aids, speaking calculators, Braille devices and Braille displays. If an employee has limited physical strength, the employer must supply furniture with lowered or raised surfaces, or purchase adapted keyboards and mouses.