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Veterans Disability Law

Veterans disability law is a broad field. We will help you help you get the benefits you have earned.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and we track the progress of your case.

USERRA obliges employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated during military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions and pay and Veterans Disability Lawyers also in training, as well as other employment terms, conditions, and rights.

Appeals

Many veterans are denied benefits or receive 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 procedure is complex, with specific rules and procedures to be followed and the law is constantly changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be included in your appeal and help you build a strong argument for your case.

The VA appeals process starts with a Notice of Disagreement (NOD). It is essential to state clearly in your NOD of the reasons you do not agree with the decision. You don't have to list all the reasons you disagree with the decision. Just the ones that are relevant.

You are able to file your NOD within one year from when you appealed an unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been submitted, you will be provided with an appointment date. It is essential that your attorney attend the hearing with you. The judge will look over your evidence prior to making a final decision. An experienced attorney will ensure that all evidence is presented at the hearing. Included in this are any service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a crippling mental or physical condition that was caused or worsened by their military service may qualify for disability benefits. These veterans can receive a monthly monetary payment according to their disability rating which is a percentage that demonstrates the severity of their condition.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans with filing a claim, obtain necessary medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

We also can assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements regarding a percentage evaluation or a dispute over the date at which a rating is effective. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the required details are filed if the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian employment or to adapt to a new profession in the event that their disabilities hinder them from obtaining meaningful employment. Veterans with disabilities might also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans disability attorneys with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to assist disabled veterans perform their duties. This could include changes in work duties or workplace changes.

Disabled veterans seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and business education program that helps disabled veterans disability law firm find jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to choose among five paths to a job. These include reemployment with the same employer; fast access to employment; self-employment and the possibility of employment through long-term services.

An employer may ask applicants whether they require any modifications to participate in the hiring process, including more time to sit for tests or to provide verbal answers instead of written answers. The ADA does not allow employers to ask about the existence of a disability, unless it is obvious.

Employers who are concerned about discrimination against disabled veterans might be interested in having training sessions for all of their staff to increase awareness and understanding of veteran issues. In addition, they can seek out the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical assistance on the ADA and other disability-related laws.

Reasonable Accommodations

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

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions, and benefits. It also limits the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more essential activities of daily life, such as hearing and walking, breathing, seeing. Sitting, standing at a desk, working, studying and learning, etc. The ADA does not cover certain conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

Employers must provide accommodations to disabled veterans who need them to do their job. This is true unless the accommodation creates unnecessary hardship for the contractor. This includes modifying equipment, providing training, delegating duties to other jobs or facilities, as well as purchasing adaptive software or hardware. For example in the event that an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. If a person has limited physical strength, employers must provide furniture with raised or lower surfaces or purchase adapted mouses and keyboards.