Veterans Disability Law

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

Congress created the VA claim process to be more accommodating for veterans. We will ensure that your claim is well-prepared and you can track the progress of your case.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities that arise during military service, or aggravated by military service. Title I of ADA prohibits discrimination on the basis of disability in the hiring process, promotions and pay as well as in training, as well as other employment terms, conditions and privileges.

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals procedure, determine what evidence you should submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it's important to provide reasons why you are not happy with the decision. You don't have to list all the reasons why you are not happy with the decision, but only those that are relevant.

You are able to file your NOD within one year from the date you appealed the unfavorable ruling. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. It is important to have your attorney present at the hearing with you. The judge will examine your evidence and make a final decision. A competent lawyer will make sure that all the necessary evidence is presented during your hearing. This includes any service records, private medical records, and any C&P tests.

Disability Benefits

Veterans who suffer from a mental or physical illness that is debilitating and is the result of or worsened by their military service, could be eligible for disability benefits. They may be eligible for monthly monetary payments according to the degree of their disability.

Our New York disability lawyers work to ensure that veterans receive the full benefits to which they're entitled. We assist veterans in filing claims and collect the medical records they require as well as other documentation as well as fill out the required forms, and monitor the progress of the VA.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements on a percentage evaluation or disputes regarding the effective date for an evaluation. If a case will be subject to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required information to support every argument in the claim.

Our lawyers can assist veterans suffering from disabilities related to their service in applying 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 a new career when their disabilities preclude their ability to find work that is meaningful. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination against veterans disability lawyers with disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their job. This could include changes in job duties or workplace modifications.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans who are interested in a job. This is a nation-wide job-training and placement program that helps connect veterans with disabilities to jobs and businesses.

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

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

Employers who are concerned about discrimination against disabled veterans may want to consider having training sessions for all of their staff to increase awareness and understanding of veteran issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on the ADA and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to get a job. To aid these veterans, the Department of Labor funds EARN an online resource that provides information and referrals to jobs. Funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions benefits, or other terms and conditions of employment. The ADA also restricts the information employers can request regarding a person's medical history and prevents harassment or reprisals in response to disability. The ADA defines disability as a condition that substantially restricts one or more of the major life activities such as hearing, seeing, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation in order to complete work, the employer must provide it unless it will impose unreasonable hardship on the contractor's business. This includes altering the equipment, offering training and shifting responsibilities to different locations or positions in addition to acquiring adaptive hardware or software. For instance the case of an employee who is blind or visually impaired the employer has to purchase adaptive software and hardware for computers electronic visual aids, talking calculators, as well as Braille devices. Employers must offer furniture with higher or lower surfaces, or purchase keyboards and mice specially designed for those with limited physical dexterity.