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Veterans Disability Law

Veterans disability law covers a wide variety of issues. We will help you ensure you receive the benefits you have earned.

Congress designed the VA claim process to be more accommodating for veterans. We make sure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations for employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions, pay, training and other terms, conditions and privileges of employment.

Appeal

Many veterans are denied benefits or receive low disability ratings when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures to be followed and the law is constantly changing. An experienced lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). In your NOD, you are important to describe why you are not happy with the decision. It is not necessary to list every reason you disagree with, but only those that are relevant.

The NoD is submitted within one year of the date of the unfavorable decision you are appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is filed, you will receive the date for your hearing. You must bring your attorney to this hearing. The judge will review the evidence you have presented before making a decision. A good attorney will ensure that all of the required evidence is presented at your hearing. This includes all service records, veterans Disability medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental condition that was caused or aggravated by their military service may qualify for disability benefits. They can receive a monthly monetary payment depending on their disability rating, which is a percentage that demonstrates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they have a right to. We assist veterans in filing claims, obtain required medical records and other documents, complete necessary forms and monitor the VA's progress on their behalf.

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

Our lawyers can also assist 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 employment or learn to adapt to a new job in the event that their disabilities hinder them from finding work that is meaningful. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, including those caused or aggravated through military service. The ADA also requires that employers offer reasonable accommodations for veterans disability attorneys with disabilities to perform their job. This could include changes in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans looking to find work. This is a nation-wide job placement and training program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select between five different paths to gain employment. The five options are reemployment at the same employer, speedy access to employment, self-employment and employment through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the selection process. For example, if they need more time to finish the test or if they feel it's acceptable to speak instead of writing their answers. However, the ADA does not permit an employer to ask about the disability status of a candidate unless it is apparent.

Employers that are concerned about possible discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and increase understanding of veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To assist these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The program is supported by the Office of Disability Employment Policy, it provides a free phone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions, and benefits. The ADA also limits the information employers may request about a person's medical background and also prohibits harassment and revenge because of disability. The ADA defines disability as a condition that substantially hinders one or more major life activities like hearing, seeing breathing, walking sitting, standing, and working. The ADA excludes certain conditions that are common to veterans, such as the post-traumatic disorder, or tinnitus. (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 could include modifying equipment, offering training, delegating tasks to other locations or positions, and purchasing adaptive software or hardware. For instance when an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. Employers should provide furniture with higher or lower surfaces or buy keyboards and mice that are specifically designed for people with physical limitations.