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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you get the benefits to which you are entitled.

The VA claim process was developed to be user-friendly by Congress. We will ensure that your claim is well-prepared and you can track the progress of your claim.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that are a result of military service or aggravated by military service. Title I of ADA prohibits discrimination based on disability in the hiring process, promotions and pay and also in training, as well as other employment terms, conditions and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating, which ought to be higher. A qualified veteran benefits attorney can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. A knowledgeable lawyer can help you navigate the process, help determine what evidence should be included in your appeal, and help you build a strong argument for your claim.

The VA appeals procedure begins with a Notification of Disagreement. In your NOD, it is important to explain your reasons for disagreeing with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed and you have been assigned a date for your hearing. It is essential that your attorney attend the hearing along with you. The judge will go through your evidence prior to making a decision. A good attorney will ensure that all of the required evidence is presented at your hearing. This includes any service records, private medical records, and any C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was caused or worsened due to their military service may be eligible for disability benefits. They can receive monthly monetary compensation according to their disability rating which is a percentage that demonstrates the severity of their problem.

Our New York disability attorneys work to ensure that veterans receive all of the benefits to which they are entitled. We help veterans file a claim, obtain necessary medical records and other documents, fill out necessary forms and monitor the progress of the VA on their behalf.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements on the percentage evaluation, or disagreements regarding the effective date for a rating. Our firm will make sure that the initial Statement of the Case is correctly prepared and that any additional SOCs that contain all the required information are filed when a case is taken to an appeals court.

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers training, education and job-related skills to veterans to prepare them for civilian employment or be able to adjust to a different profession when their disabilities prevent them from finding meaningful work. It is also possible for disabled veterans disability lawyers to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those caused by or aggravated due to military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their duties. This includes changes to job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans disability attorney interested in finding work. This is a nationwide 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 among five paths to work. These include reemployment with the same employer; fast access to employment; self-employment and employment through long-term care.

Employers may ask applicants if they require any modifications to participate in the hiring process, for example, more time to take tests or to provide oral rather than written answers. The ADA does not allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find employment. To help them with their job search, the Department of Labor funds EARN which is a national source 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 seeking work.

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

Employers must make accommodations for disabled veterans who need them to complete their job. This is the case unless the accommodation would cause undue hardship to the contractor. This can include changing equipment, providing training, transferring the duties to different jobs or facilities, as well as acquiring adaptive hardware or software. If an employee is blind, or visually impaired, the employer must purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. If an individual has limited physical strength, the employer must supply furniture that has raised or lowered surfaces or purchase adapted keyboards and mouses.