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Veterans Disability Law

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

Congress designed the VA claim process to be more accommodating for veterans. We will ensure that your claim is completed and tracked your case through the process.

USERRA requires employers to make reasonable accommodations available to employees with disabilities incurred or aggravated in military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions or pay, as well as training, and other conditions, terms and benefits of employment.

Appeal

Many veterans are denied benefits or have low disability ratings 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 specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer can help you navigate the process, help you determine the right evidence to be included in your appeal and create a compelling case for your claim.

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

Your NOD can be filed within a year of the date of the unfavorable decision you want to appeal. If you need more time to prepare your NOD, an extension may be granted.

Once the NOD has been filed and you have been given a date for your hearing. You should bring your attorney to the hearing. The judge will review your evidence and make a decision. A good lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are any medical records, service medical records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental disorder which was caused or aggravated by their military service might qualify for disability benefits. These veterans disability litigation may receive monthly monetary compensation based on their disability rating, which is a percentage which indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing an application and obtain the medical records they require, other documents as well as fill out the required forms, veterans disability settlement and monitor the VA’s progress.

We can also assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements over the percentage of an evaluation or disagreements over the date of effective rating. Our firm will make sure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the required information are filed if the case is referred to an appeals court.

Our lawyers can help veterans with disabilities resulting from their service by assisting them in applying for vocational rehabilitation services. This program offers education, training and job skills to veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities prevent them from working in a meaningful way. Veterans with disabilities could also be eligible to receive both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

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

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The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to select among five paths to work. These include reemployment with same employer, rapid access to employment; self-employment; and the possibility of employment through long-term services.

Employers may ask applicants if they require any accommodations during the selection process. For instance if they require longer time to complete a test or if it's acceptable to speak instead of write their answers. However, the ADA does not allow an employer to ask about the disability status of a candidate unless it is evident.

Employers who are concerned about discrimination against disabled veterans might think about having training sessions for all of their staff to increase awareness and understanding of issues faced by veterans. They may 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 with disabilities that are related to their military experience have difficult to find employment. To assist them get a job, the Department of Labor supports a national job-related referral and information resource called EARN. It is funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans looking for jobs.

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

Employers must offer accommodations to disabled veterans disability legal who require them in order to perform their duties. This is true unless the accommodation causes undue hardship for the contractor. This includes modifying the equipment, offering training and reassigning responsibilities to other positions or locations in addition to 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 and talking calculators, Braille devices and Braille displays. Employers must furnish furniture with elevated or lower surfaces or buy keyboards and mouse that are specially designed for those with physical limitations.