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Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans disability lawyer (visit your url). We make sure your application is thoroughly prepared and track your case through the process.

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

Appeals

Many veterans are denied benefits, or receive an unsatisfactory disability rating when they should receive a higher rating. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with specific rules and procedures that must be adhered to and the law is ever-changing. An experienced lawyer can help you navigate the process, help you 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 Notification of Disagreement. In your NOD, you are crucial to state why you disagree with the decision. You don’t have to list every reason that you disagree, but only those that are relevant.

The NoD is filed within one year from the date of the unfavorable decision you want to appeal. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been filed, you will be given a date for hearing. You must bring your attorney to the hearing. The judge will scrutinize all of your evidence before making a decision. A competent lawyer will make sure that all of the necessary evidence is provided during your hearing. This includes any service records, medical records and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive monthly monetary payments based on the severity of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We help veterans to file a claim and obtain the medical records they require and other documents to complete the necessary forms, and keep track of the progress of the VA.

We can also assist in appeals of any VA decisions, including denials of benefits, disagreements on the percentage evaluation or disagreements regarding the effective date for the rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs filled with all necessary details are filed if the case is brought to an appeals court.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian work or to adapt to the new job market if their disabilities hinder their ability to find a job that is meaningful. 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires that employers offer reasonable accommodations for disabled veterans to perform their duties. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. It is a nationwide job placement and training program that helps disabled veterans to jobs and businesses.

Veterans with disabilities who are separating from the military can choose one of five routes to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, speedy access to employment, self-employment and work through long-term services.

An employer can ask applicants to provide any special accommodations to participate in the hiring process, such as extra time to take a test or permission to provide verbal answers instead of written answers. The ADA doesn’t allow employers to inquire about disabilities unless they are evident.

Employers that are concerned about discriminatory practices against disabled veterans should consider having training sessions available to all employees to raise awareness and enhance understanding of veteran issues. Additionally, they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To assist these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also limits the information employers can inquire about a person’s medical history and prevents harassment or retaliation due to disability. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily living, like hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and learning, etc. The ADA excludes certain conditions that are common to veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must provide it unless it causes undue hardship on the contractor’s business. This could include modifying equipment, offering training, delegating duties to other jobs or facilities, as well as purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer should purchase adaptive software and hardware, including electronic visual aids, talk calculators, Braille devices, and Braille displays. If a person is unable to exercise physical strength, employers must provide furniture that has raised or lowered surfaces, or purchase mouses and keyboards that are adapted to the user.