Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans. We make sure that your application is well-prepared and you can track the progress of your case.

USERRA obliges employers to make reasonable accommodations available to employees with disabilities incurred or aggravated by military service. Title I of ADA prohibits discrimination against disabled people in promotions, hiring, and pay and also in training, as well as other employment terms, conditions, and rights.

Appeal

Many veterans are denied disability benefits or receive an inadequate rating that ought to be higher. A lawyer for veterans benefits can help you appeal to the Court of Appeals for Veterans Claims. The process is very complex, with specific rules and procedures to be followed, and the law is constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist to build a strong case.

The VA appeals process starts with a Notice of Disagreement. It is important to state clearly in your NOD as to why you are dissatisfied with the decision. You don't have to list all the reasons you disagree with the decision, just those that are relevant.

You may file your NOD within one year of the date that you appealed the unfavorable decision. If you require longer time to prepare your NOD, an extension can be granted.

After the NOD has been filed, you will be given an appointment date. It is essential that your attorney attend this hearing along with you. The judge will examine the evidence and then make a final decision. A good lawyer will make sure that all the required evidence is exhibited during your hearing. This includes any service records, medical records, and any C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and was caused by or aggravated by their military service, could be eligible for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating which is a percentage that shows the severity of their condition.

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

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

Our lawyers can also assist veterans with service-connected disabilities to apply for vocational rehabilitation services. This program provides training, education and job-related skills for veterans to prepare them for civilian jobs or to adapt to a new profession when their disabilities keep them from finding 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.

Accommodation for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans perform their duties. This includes modifications in job duties or workplace adjustments.

Ticket to Work, a program of the Department of Labor, may be beneficial to disabled veterans interested in finding work. This is a nationwide employment and business training program that assists veterans with disabilities find jobs and companies.

Veterans with disabilities who are separated from the military could follow one of five pathways 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 service.

Employers may ask applicants if they need any accommodations for the hiring process. For example that they require more time to take a test or if it is okay to speak instead of write their answers. However, the ADA does not allow an employer to inquire about a person's disability status unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans may think about holding training sessions for all of their employees to increase awareness and understanding of veteran issues. Additionally they can seek out the Job Accommodation Network, a free consultation service that provides customized workplace accommodations as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to find work. To help these veterans disability lawyers to find work, 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 funds this free phone and electronic system to connect employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability in terms of an illness that severely limits one or more major aspects of daily living, such as hearing and seeing, walking, breathing. Standing, sitting and working, as well as learning and so on. The ADA does not cover certain conditions that are common among veterans, such as the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran needs accommodations to complete work, an employer must accommodate it unless it would impose undue hardship on the contractor's business. This could include modifying the equipment, providing training, and transferring responsibility to other positions or places, as well as acquiring adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, including electronic visual aids, talk calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces, or purchase keyboards and mice that are specially designed for those with limited physical strength.