Veterans Disability Law

The law governing veterans disability is a vast area. We will work to help you get the benefits you deserve.

Congress created the VA claim process to be a veteran-friendly one. We will ensure that your claim is properly prepared and track the progress of your case.

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

Appeals

Many veterans are denied benefits or get an inadequate disability rating, when they should receive a higher rating. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with numerous rules and procedures to follow, and laws are constantly changing. An experienced lawyer can guide you through the process, assist you to determine what evidence should be included in your appeal and create a compelling case for your case.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, it is crucial to state the reasons you don't agree with the decision. You don't have to include all the reasons you disagree with the decision, but only the ones that are relevant.

The NOD can be submitted within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension if you need additional time to prepare your NOD.

After the NOD has been filed, you will be given a date for your hearing. You must bring your attorney to the hearing. The judge will examine your evidence and make a final determination. A good lawyer will ensure that all of the necessary evidence is presented at your hearing. This includes all service records, private medical records and any C&P examinations.

Disability Benefits

Veterans suffering from a chronic physical or mental disorder which was caused or aggravated by their military service may qualify for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score, which is a percentage that demonstrates the severity of their problem.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans to file an application and obtain the necessary medical records as well as other documentation to complete the necessary forms, and track the VA’s progress.

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

Our lawyers can also assist morgantown veterans disability attorney with disabilities resulting from service to apply for vocational rehabilitation services. This program is designed to provide training, education assistance with technical issues related to the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find work. To help them in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and job vacancies. The Office of Disability Employment Policy is the one that funds this free phone and electronic system that connects employers with disabled veterans looking for employment.

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

If a disabled veteran needs an accommodation to perform work, an employer must accommodate it unless it causes undue hardship on the contractor's business. This includes altering equipment, offering training, reassigning tasks to other jobs or facilities, as well as acquiring adaptive hardware or software. For instance in the event that an employee is visually impaired or blind the employer must purchase adaptive software and equipment for computers, electronic visual aids and talking calculators, and Braille devices. If a person is unable to exercise physical dexterity, a company must supply furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.