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Veterans Disability Law

The law governing veterans disability is a broad area. We are here to assist you in obtaining the benefits to which you are entitled.

Congress created the VA claim process to be more accommodating for veterans. We ensure that your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees with disabilities that arise during military service or made worse by military service. Title I of the ADA prohibits disability discrimination in the hiring process, promotions and pay and training, and other employment terms, conditions, and rights.

Appeal

Many veterans are denied benefits, or receive low disability ratings when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex with specific rules and procedures that must be followed, and veterans disability Lawyers the law is always changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you must submit to support your appeal and assist you prepare a convincing argument.

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

You can file your NOD within one year from when you appealed an unfavorable decision. If you require more time to prepare your NOD, an extension could be granted.

After the NOD is filed, you will receive the date for your hearing. You should bring your attorney to this hearing. The judge will go over the evidence and make a final decision. An experienced attorney will ensure that all the evidence needed is presented during your hearing. Included in this are service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical condition which is disabling and is the result of or worsened as a result of their military service, could be qualified for disability benefits. These veterans Disability lawyers may receive monthly monetary compensation based on their disability rating, which is a percentage that demonstrates the severity of their illness.

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 an application and obtain the necessary medical records and other documents, fill out required forms, and track the VA’s progress.

We also can assist with appeals to any VA decisions, such as denials of benefits, disagreements with a percentage evaluation or disputes about the date of effective of the rating. Our firm will make sure that the first Statement of the Case is properly prepared and that any additional SOCs filled with all necessary information are filed if the case is referred to an appeals court.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans for civilian work or to adapt to changing careers when their disabilities prevent them from being able to find work that is meaningful. Veterans with disabilities could also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their duties. This could include changes to job duties and workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans interested in finding work. This is a national program for job placement and training which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military could follow one of five paths to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment, self-employment and the possibility of employment through long-term services.

Employers can inquire about applicants' disabilities and whether they require any accommodations in the hiring process. For example, if they need longer time to complete the test or if it's okay to speak instead of writing their answers. But the ADA does not permit an employer to inquire about a person's disability status unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans ought to consider having training sessions available to all employees to increase awareness and increase understanding of veteran issues. Additionally they can reach out to the Job Accommodation Network, a free consultation service that provides individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find work. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and job vacancies. The Office of Disability Employment Policy provides this free phone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. It also restricts the medical information employers may require and prevents discrimination based on disability and retaliation. The ADA defines disability as a condition that substantially hinders one or more essential life activities, such as hearing, seeing breathing, walking sitting, veterans disability lawyers standing, learning and working. The ADA excludes certain ailments that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to do a job, an employer must provide it unless it causes undue hardship on the contractor's business. This can include changing equipment, offering training, transferring duties to other jobs or facilities, and purchasing adaptive software or hardware. For instance the case of an employee who is blind or visually impaired, an employer must acquire adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. Employers should provide furniture with raised or lower surfaces or buy keyboards and mice that are specifically designed for people with physical limitations.