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Veterans Disability Law

Veterans disability law covers a range of issues. We work to help you get the benefits to which you are entitled.

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

USERRA obliges employers to provide reasonable accommodations to employees with disabilities acquired during 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 terms, conditions and privileges of employment.

Appeals

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

The VA appeals process begins with a Notice of Disagreement. It is important to make clear in your NOD on the reason you do not agree with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision you are appealing. If you need more time to prepare your NOD, an extension could 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 look over your evidence and make a decision. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. This includes all service records, medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling physical or mental disorder that was caused or worsened by their military service may qualify for disability benefits. These veterans disability lawsuit could 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 get all benefits they're entitled to. We assist veterans in filing claims, get the necessary medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals to any VA decision. This includes denials of VA benefits, disagreements about a percentage evaluation or disputes over the date of rating that is effective. If a case is sent to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is properly prepared, and that any additional SOCs are submitted with all the necessary information needed to support each argument in an appeal.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills to prepare veterans for employment in the civilian sector or to adapt to the new job market if their disabilities preclude their ability to find meaningful work. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to do their job. This includes adjustments in job duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a national program for job placement and business education program that assists disabled veterans find work and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to work. This includes reemployment with same employer; quick access to employment; self-employment; and work through long-term service.

Employers can ask applicants whether they require any accommodations during the selection process. For example the need for more time to finish an exam or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to inquire about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides individual workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To help them to find work, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans looking for employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring promotions benefits, or other terms and conditions of employment. The ADA also restricts the information employers are able to request regarding a person's medical background and also prohibits harassment and discrimination due to disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and more. The ADA excludes some conditions that are common among veterans, for example post-traumatic stress disorder and tinnitus. (PTSD).

Employers must provide accommodations to disabled veterans who require them in order to perform their job. This is true unless the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, offering training and reassigning responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer has to purchase adaptive hardware and software, which includes electronic visual aids and talking calculators, Braille devices and Braille displays. If an employee has limited physical strength, employers should provide furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.