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Veterans Disability Law

Veterans disability law covers a variety of issues. We work to assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We will ensure that your claim is completed and tracked your case through the process.

USERRA stipulates that employers must offer reasonable accommodations for employees who have disabilities that are a result of military service, or aggravated by military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well as training, and other terms, conditions and privileges of employment.

Appeals

Many veterans are denied benefits or receive an inadequate disability rating, when it should be higher. An experienced veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with numerous rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you determine what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with a Notice of Disagreement (NOD). It is crucial to state clearly in your NOD of the reasons you do not agree with the decision. You don't have to include all the reasons you do not agree with the decision, just the ones that are relevant.

You may file your NOD within one year of the date you appealed against the unfavorable decision. You could be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a time for your hearing. You must bring your attorney to the hearing. The judge will look over the evidence you have presented before making a final decision. A good attorney will make sure that all of the required evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans who suffer from a crippling mental or physical condition that was caused or worsened through their military service may be eligible for disability benefits. Veterans may receive a monthly monetary payment according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive all benefits they're entitled to. We assist veterans in filing claims, obtain required medical records and other documentation, fill out required forms and track the progress of their VA claim on their behalf.

We can also assist in appeals of any VA decision. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disagreements over the date of rating that is effective. If a case will be subject to an appeals hearing, our company will ensure that the initial Statement of the Case (SOC) is prepared properly, and that any additional SOCs are filed with all the required details to support every argument in an appeal.

Our lawyers can assist veterans with disabilities that are related to their service in applying for vocational rehabilitation services. This program offers training, education and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans with disabilities may also 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 towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans to complete their duties. This could include changes in the job description or changes to the workplace.

Disabled veterans interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national job placement and business training program that assists disabled veterans find work and companies.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select from five different routes to work. The five options are reemployment at the same employer, quick access to employment, self-employment, and work through long-term services.

An employer may ask applicants whether they require any accommodations to participate in the hiring process, for example, longer time to complete tests or to give oral instead of written answers. But the ADA does not permit employers to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might think about organizing training sessions for their entire staff in order to increase awareness and understanding of issues faced by veterans. In addition, they can contact the Job Accommodation Network, a free service for consultation that provides customized workplace accommodations and technical support on the ADA and other disability-related laws.

Reasonable Accommodations

Many veterans who have disabilities caused by service have difficulty to find work. To assist these veterans to find work, the Department of Labor funds EARN, a national resource for information and assistance with job search. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also restricts the information employers are able to request about a person's medical background and also prohibits harassment and reprisals because of disability. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, like hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common to veterans, including the post-traumatic disorder, or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans disability law firms who need them to do their duties. This is true unless the accommodation creates unnecessary hardship to the contractor. This includes altering equipment, providing training, delegating duties to other locations or positions, and purchasing adaptive software or hardware. For instance when an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with higher or lower surfaces or purchase keyboards and mouse that are adapted for people who have physical limitations.