Veterans Disability Law

Veterans disability law is a vast area. We work to assist you in obtaining the benefits to which you are entitled.

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

USERRA requires employers to provide reasonable accommodations for employees with disabilities incurred during military service or made worse by military service. Title I of the ADA prohibits discrimination on the basis of disability in hiring promotions pay, training, and other conditions, terms and privileges of employment.

Appeals

Many veterans are denied benefits or get a low disability rating when it should be higher. An experienced veteran benefits attorney can assist you in filing an appeal with the Court of Appeals for Veterans Claims. The process can be complicated, with many rules and procedures to follow, and laws are constantly changing. A skilled lawyer can guide you through the process, help determine what evidence you should included in your appeal and develop a convincing argument for your case.

The VA appeals procedure begins with a Notification of Disagreement. It is crucial to make clear in your NOD about why you do not agree with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the adverse decision you want to appeal. If you require more time to prepare your NOD, an extension may be granted.

After the NOD has been filed, you will be notified of an appointment for hearing. Your attorney should be present to the hearing. The judge will look over your evidence prior to making a final decision. A competent lawyer will ensure that all of the necessary evidence is presented during your hearing. Included in this are medical records, service documents, health records for private use and C&P examinations.

Disability Benefits

veterans disability lawyers who suffer from a debilitating mental or physical condition that was caused or aggravated by their military service might be eligible for disability benefits. These veterans may receive an amount of money per month according to the severity of their disability rating.

Our New York disability lawyers work to ensure that veterans receive the full benefits they're entitled to. We assist veterans in filing claims, obtain required medical records and other documentation, fill out necessary forms and monitor the VA's progress on their behalf.

We can also assist with appeals for any VA decision. This includes denials of VA benefits, disagreements regarding the evaluation of a percentage or disputes over the date of effective rating. If a case goes to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are submitted with all the necessary information to support each argument in the claim.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program is designed to provide education, training and job-related skills that help veterans prepare for civilian employment or to adapt to a new career when their disabilities preclude their ability to find meaningful work. 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 prohibits discrimination towards veterans who have disabilities. This includes those who were caused or worsened by military service. The ADA also requires employers to make reasonable accommodations to assist disabled veterans do their job. This includes modifications to work 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 nationwide job-placement and business-training program that helps disabled veterans find employment and businesses.

Veterans with disabilities who are separated from the military may follow one of five tracks to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment; self-employment; and work through long-term service.

Employers can inquire for any special accommodations to participate in the hiring process, for example, more time to sit for a test or permission to give oral instead of written answers. But the ADA does not permit an employer to inquire about a person's disability unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might consider having training sessions for their entire employees to increase awareness and understanding of veteran issues. They may also contact Job Accommodation Network for free advice and consultation on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans who have disabilities resulting from service are unable to find work. To aid these veterans in obtaining employment, the Department of Labor funds EARN which is a national source for information and assistance with job search. It is funded by the Office of Disability Employment Policy which provides a free phone and electronic information system that connects employers with disabled veterans who are looking for jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. It also restricts the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition that restricts one or more major life activities, like hearing, seeing, walking, breathing, sitting, standing, learning, and working. The ADA excludes certain conditions that are common among veterans, for example hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete the job, the employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This can include altering the equipment, supplying training and transferring responsibilities to different positions or locations and acquiring adaptive software or hardware. For instance, if an employee is visually impaired or blind, an employer must acquire adaptive software and firm equipment for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must provide furniture with higher or lower surfaces or buy keyboards and mouse that are specifically designed for people with physical limitations.