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Veterans Disability Law

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

The VA claim process was designed to be easy to use by Congress. We make sure your application is thoroughly prepared and track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring, promotions pay, training, and veterans disability other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or receive low ratings that isn't adequate. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit to support your appeal and assist you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it's crucial to state your reasons for disagreeing with the decision. You don't have to list all the reasons you disagree with the decision, just the ones that are relevant.

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

Once the NOD has been filed, you will receive an appointment for hearing. Your attorney should be present to this hearing. The judge will examine the evidence and make a final decision. A competent lawyer will make sure that all the required evidence is exhibited during your hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a physical or mental illness that is debilitating and was caused or worsened due to their military service, could be qualified for disability benefits. These veterans disability law firms may receive a monthly monetary payment based on the severity of their disability rating.

Our New York disability lawyers work to ensure veterans receive all benefits they're entitled to. We assist veterans in filing an application and get the necessary medical records as well as other documentation, fill out required forms, and track the VA’s progress.

We can also help with appeals to any VA decision. This includes denials of VA benefits, disagreements on the evaluation of a percentage or disagreements over the date of effective rating. Our firm will ensure that the first Statement of the Case is correctly prepared and that any additional SOCs that contain all the required details are filed if the case is referred to an appeals court.

Our lawyers can also assist veterans with disabilities that are connected to service apply for vocational rehabilitation services. This program provides training, education and job-related skills to veterans to prepare them for civilian work or be able to adjust to a different 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 towards veterans who have disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations for veterans with disabilities do their job. This could include changes to job duties and modifications to work environments.

Disabled veterans who are interested in a job may want to inquire with the Department of Labor's Ticket to Work program. This is a national job-training and placement program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select from five different paths to work. The five options include reemployment at the same employer, quick access to employment, self-employment and the possibility of employment through long-term service.

Employers can inquire if they require any special accommodations to participate in the hiring process, for example, extra time to take tests or to give verbal instead of written answers. However, the ADA does not permit an employer to ask about the disability status of a candidate unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may consider having training sessions for all of their staff in order to increase awareness and understanding of veteran-related issues. In addition, they can contact the Job Accommodation Network, a free service for Veterans Disability consultation that provides individual workplace accommodations and technical assistance regarding the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans with disabilities caused by service have difficulty to find work. To aid these veterans to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. It is funded by the Office of Disability Employment Policy which provides a free telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to the hiring process, promotions or benefits. The ADA also restricts the information that employers can request about a person's medical history and prevents harassment or reprisals because of disability. The ADA defines disability as a condition that significantly limits one or more of the major activities of daily living, like hearing and seeing, walking, breathing. Standing, sitting or working, learning, etc. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations to complete their job. This is not the case if the accommodation would cause undue hardship to the contractor. This includes modifying the equipment, supplying training and transferring responsibilities to other positions or locations and acquiring adaptive software or hardware. For instance in the event that an employee is blind or visually impaired the employer has to purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must offer furniture with higher or lower surfaces or purchase keyboards and mice that have been made for those with physical limitations.