Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will fight to make sure you receive the benefits that you are entitled to.

Congress created the VA claim process to be veteran-friendly. We ensure that your application is thoroughly prepared and track your case through the process.

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

Appeal

Many veterans are denied benefits or have an inadequate disability rating, when it should be higher. A lawyer for veterans benefits 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 is ever-changing. An experienced lawyer will guide you through the appeals procedure, determine the type of evidence you need to present with your appeal and help you build a strong claim.

The VA appeals process starts with a Notice of Disagreement (NOD). It is essential to state clearly in your NOD on the reason you do not agree with the decision. You do not have to list every reason that you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the adverse decision you are appealing. If you need more time to prepare your NOD, a request for an extension could be granted.

After the NOD has been filed and you have been assigned a date and time for your hearing. It is important to have your attorney attend the hearing along with you. The judge will go over your evidence and make a decision. A good attorney will make sure that all evidence is presented at the hearing. This includes any service records, private medical records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused by or worsened due to their military service could be eligible for disability benefits. These veterans can receive monthly monetary compensation dependent on their disability score which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We assist veterans in filing claims, obtain 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 assist with appeals of VA decisions, such as denials of benefits, disagreements over the percentage evaluation, or disagreements regarding the effective date for the rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared, and that additional SOCs are submitted with all the necessary information needed to support each argument in a claim.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides training, education and job skills to veterans to help them prepare for civilian work or adapt to a new profession when their disabilities keep them from obtaining meaningful employment. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations 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 help veterans with disabilities do their job. This includes adjustments to work duties or modifications to work environments.

Disabled veterans who are interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and business education program that assists disabled veterans find employment and companies.

Veterans with disabilities who are separated from the military could follow one of five paths for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment with the same employer, rapid access to employment, self-employment and employment through long-term military service.

Employers can inquire about applicants' disabilities and whether they require any accommodations during the selection process. For example that they require more time to take the test or if it's okay to speak instead of write their answers. The ADA doesn't allow employers to inquire about a disability unless it's evident.

Employers that are concerned about discrimination against disabled veterans ought to consider conducting training sessions for all employees to increase awareness and enhance understanding of veteran concerns. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their military experience have difficult finding employment. To help them in obtaining employment, the Department of Labor funds EARN the nation's most trusted resource for information and assistance with job search. The Office of Disability Employment Policy provides this free phone and electronic system to connect employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also limits the information employers may ask about a person's health history and prevents harassment or revenge in response to disability. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, such as hearing, seeing breathing, walking, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, such as hearing loss or post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require accommodations to complete their job. This is the case unless the accommodations would create unnecessary hardship for the contractor. This includes altering equipment, offering training, delegating duties to other positions or veterans Disability facilities, and buying adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers electronic visual aids, Braille and talking calculators devices. If a person is unable to exercise physical dexterity, an employer must provide furniture with raised or lowered surfaces, or purchase adapted keyboards and mouses.