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Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is properly prepared and track the progress of your claim.

USERRA obliges employers to provide reasonable accommodations to employees with disabilities incurred during military service or aggravated by military service. Title I of the ADA prohibits discrimination on basis of disability when hiring, promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

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

The VA appeals process starts with a Notice of Disagreement (NOD). In your NOD, it is important to provide reasons why you are not happy with the decision. You don't have to list every reason you disagree with, but only those that are pertinent.

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

Once the NOD has been filed and you have been assigned a time for your hearing. It is crucial that your attorney attend the hearing together with you. The judge will examine your evidence and make a final determination. A good attorney will make sure that all the proper evidence is presented during your hearing. Included in this are medical records, service records, health records that are private and C&P examinations.

Disability Benefits

Veterans suffering from a disabling physical or mental disorder that was caused or aggravated by their military service may be eligible for disability benefits. These veterans may receive a monthly monetary payment dependent on their disability score, which is a percentage that shows the severity of their illness.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans to file an application and get the medical records they require and other documents as well as fill out the required forms, and keep track of the VA’s progress.

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

Our lawyers can assist veterans with disabilities related to their military service when applying for vocational rehabilitation services. This program is designed to provide training, education and job-related skills that prepare veterans for civilian work or to transition to a new career when their disabilities preclude their ability to find meaningful work. It is also possible for disabled veterans disability attorney 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 (ADA) prohibits discrimination against veterans with disabilities, which includes those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid veterans with disabilities perform their job. This includes changes in the job description or changes to the workplace.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national employment and business training program that assists disabled veterans find work and companies.

Veterans with disabilities who are leaving from the military could follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options include reemployment at the same employer, rapid access to employment, self-employment and work through long-term services.

Employers may ask applicants to provide any modifications to participate in the hiring process, for example, longer time to complete an exam or the ability to provide oral rather than written answers. However, the ADA does not permit an employer to inquire about a person's disability unless the disability is obvious.

Employers who are concerned about discrimination against disabled veterans might think about holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. They may also contact Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to find employment. To assist these veterans in obtaining employment, the Department of Labor funds EARN an online resource that provides 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 looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability in hiring, promotions and benefits, as well as other terms and conditions of employment. It also restricts the medical information employers can request and stops harassment based on disability and retaliation. The ADA defines disability in terms of an illness that severely limits one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Sitting, standing and working, as well as learning, etc. The ADA excludes certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (PTSD).

Employers must provide accommodations to disabled veterans who require them to complete their duties. This is the case unless the accommodations would create unnecessary hardship to the contractor. This includes modifying equipment, offering training, transferring the duties to different jobs or facilities, and acquiring adaptive hardware or software. For example in the event that an employee is visually impaired or blind the employer has to purchase adaptive software and hardware for computers electronic visual aids, talking calculators, and Braille devices. If an individual has limited physical strength, the employer must supply furniture that has raised or lowered surfaces, or purchase adapted keyboards and mouses.