Veterans Disability Law

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

The VA claim process was developed to be easy to use by Congress. We ensure that your application is properly prepared and we track your case through the process.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred or aggravated through military service. Title I of ADA prohibits discrimination against disabled people in hiring, promotions, and pay as well as in training, as well as other terms, conditions of employment, and rights.

Appeal

Many veterans are denied benefits or receive a low disability rating when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to, and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, advise you on the evidence you need to submit in your appeal, and help you prepare a convincing argument.

The VA appeals process begins with a Notice to Disagreement. It is crucial to be clear in your NOD on the reason you disagree with the unfavorable decision. It is not necessary to list all the reasons you do not agree with the decision, just those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision you want to appeal. You could be granted an extension in case you require additional time to prepare your NOD.

After the NOD has been filed, you will be given an appointment date. It is recommended that you bring your attorney to this hearing. The judge will go through the evidence you have presented before making a decision. A good attorney will make sure that all the evidence needed is presented during your hearing. This includes all service records, private medical records as well as any C&P tests.

Disability Benefits

veterans disability lawyers who suffer from a chronic physical or mental condition which was caused or aggravated by their military service may qualify for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing an application, obtain the required medical records as well as other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also assist with appeals of VA decision, including denials of benefits, disagreements regarding the percentage evaluation, or disagreements regarding the effective date for a rating. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that any additional SOCs are submitted with all the necessary information to support each argument in an appeal.

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian employment or adjust to a new career in the event that their disabilities hinder them from obtaining 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 with disabilities, including those caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to help veterans with disabilities do their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a national employment and business training program that assists disabled veterans find employment and companies.

veterans disability lawyers with disabilities who are separating from the military can follow one of five paths to gain employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, speedy access to employment, self-employment, and the possibility of employment through long-term service.

An employer can ask applicants for any special accommodations to participate in the selection process, like more time to sit for tests or to provide verbal answers instead of written answers. However, the ADA does not permit an employer to inquire about a person's disability status unless it is evident.

Employers that are concerned about discrimination against disabled veterans ought to consider conducting training sessions for all employees to increase awareness and enhance understanding of veteran concerns. In addition, they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their service find it difficult to get a job. To assist them with their job search, the Department of Labor supports a national job resourcing and information resource known as EARN. The program is supported by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. It also restricts the medical information that employers can request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly limits one or more essential life activities, such as hearing, sight, walking, breathing, standing, sitting, learning, and working. The ADA does not cover certain conditions that are common among veterans, such as tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to do work, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, supplying training and transferring responsibilities to other positions or places as well as purchasing adaptive hardware or software. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, speaking 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 mouses and keyboards that are adapted to the user.