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Veterans Disability Law

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

Congress designed the VA claim process to be a veteran-friendly one. We make sure that your application is correctly prepared and monitor the progress of your case.

USERRA requires employers to provide reasonable accommodations to employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, rules and privileges of employment.

Appeals

Many veterans are denied disability benefits or receive low ratings that should be higher. An experienced veteran benefits attorney can assist you in filing an 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. An experienced 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 procedure begins with a Notice of Disagreement. It is important to state clearly in your NOD about why you do not agree with the decision. You don't have to list every reason why you disagree, but only those that are pertinent.

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

After the NOD has been filed and you have been given a date for your hearing. It is crucial to have your attorney be present with you. The judge will go over your evidence and make a final decision. A good lawyer will ensure that all the necessary evidence is presented at your hearing. This includes all service records, medical records, and any C&P tests.

Disability Benefits

Veterans suffering from a mental or physical condition which is disabling and was caused by or worsened by their military service, may be eligible for disability benefits. They can receive monthly monetary compensation based on their disability rating which is a percentage which indicates 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 file an application, obtain the required medical records and other documents, complete necessary forms and keep track of the progress of their VA claim on their behalf.

We can also help with appeals for any VA decisions. This includes denials of VA benefits, disagreements about the evaluation of a percentage or a dispute over the effective date of rating. If a case is scheduled for an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required information to back every argument in a claim.

Our lawyers can help veterans disability attorney with disabilities resulting from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian work or to adapt to a new career when their disabilities prevent them from being able to find meaningful work. Veterans with disabilities may be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, which includes those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans perform their job. This could include changes in the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans disability lawyers looking to find work. It is a nationwide program for job placement and training which assists disabled veterans to jobs and businesses.

Veterans with disabilities who are leaving from the military may follow one of five pathways for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). This includes reemployment with same employer; quick access to employment; self-employment and the possibility of employment through long-term services.

Employers may ask applicants if they require any modifications for the hiring process. For example, if they need more time to finish an exam or if it is okay to speak instead of writing their answers. The ADA does not permit employers to inquire about disabilities unless they are evident.

Employers who are concerned about discrimination against disabled veterans should consider holding training sessions for all employees to raise awareness and better understand veteran-related issues. They should also contact Job Accommodation Network for free consultations and assistance with technical issues related to the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have service-related disabilities find it difficult to find work. To help these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination based on the basis of a disability when it comes to hiring, promotions or benefits, as well as other terms and conditions of employment. The ADA also restricts the information that employers can inquire about a person's medical history and prevents harassment and reprisals in response to disability. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, including hearing, seeing breathing, walking standing, sitting, learning, and working. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete work, an employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This includes modifying the equipment, supplying training and shifting responsibilities to different positions or locations, as well as acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices, and Braille displays. If an individual has limited physical dexterity, a company must supply furniture with lowered or raised surfaces, or purchase adapted mouses and keyboards.