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Veterans Disability Law

Veterans disability law is a vast area. We will help you get you the benefits you deserve.

Congress designed the VA claim procedure to be supportive of veterans. 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 incurred or aggravated in military service. Title I of ADA prohibits disability discrimination in the hiring process, promotions and pay as well as in training, as well as other terms, conditions of employment and rights.

Appeals

Many veterans are denied benefits or have a low disability rating when it should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals procedure, determine the type of evidence you need to present to support your appeal and assist you create a compelling argument.

The VA appeals process begins with a Notification of Disagreement. In your NOD, it’s crucial to state the reasons you don’t agree with the decision. You do not have to list every reason that you disagree with, but only those that are relevant.

You may file your NOD within one year of when you appealed an unfavorable decision. If you require additional time to prepare your NOD, an extension may be granted.

Once the NOD is filed and you have been assigned a time for your hearing. You should bring your attorney to the hearing. The judge will go over your evidence and make a final decision. An experienced attorney will ensure that all the proper evidence is presented during your hearing. Included in this are any medical records, service records, health records that are private and C&P exams.

Disability Benefits

Veterans who suffer from a crippling physical or mental condition that was caused or worsened by their military service might qualify for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they’re entitled. We assist veterans to file claims, obtain required medical records and other documents, complete necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist in appeals of any VA decisions, including denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date of a rating. Our firm will make sure that the initial Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if a case is taken to an appeals court.

Our lawyers can also help veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program is designed to provide training, education and job skills to prepare veterans for civilian employment or to begin a new career when their disabilities make it difficult for them to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

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

Disabled veterans seeking employment may wish to contact the Department of Labor’s Ticket to Work program. This is a national training and job placement program that helps connect veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different paths to employment. The five options are reemployment at the same employer, rapid access to employment, self-employment and work through long-term services.

An employer can ask applicants for any modifications to participate in the hiring process, including more time to sit for an exam or the ability to give oral instead of written answers. The ADA doesn’t allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult to get a job. To help these veterans disability lawyer in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for work.

The Americans with Disabilities Act prohibits discrimination based upon disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to ask about a person’s health background and also prohibits harassment and revenge in response to disability. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning and learning, etc. The ADA excludes some conditions that are common among veterans, such as hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete the job, the employer must accommodate it unless it creates a hardship on the contractor’s business. This can include altering the equipment, supplying training and reassigning responsibilities to other positions or locations in addition to acquiring adaptive hardware or software. For instance, if an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If a person is unable to exercise physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.