Veterans Disability Law

Veterans disability law covers a range of issues. We work to assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be veteran-friendly. We make sure your application is properly prepared and we track your case through the process.

USERRA requires employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring, promotions or pay, as well other conditions, rules and privileges of employment.

Appeal

Many veterans are denied disability benefits or are given a low rating that should be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Disability Lawyers Claims. The process is complicated, with specific rules and procedures to be followed and the law changes constantly. A knowledgeable lawyer can guide you through the process, help determine what evidence you should included in your appeal, and create a compelling case for your claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is important to make clear in your NOD as to why you are dissatisfied with the decision. It is not necessary to list every reason why you disagree, but only those that are relevant.

The NOD must be filed within a year of the date of the unfavorable decision you want to appeal. If you require longer time to prepare your NOD, an extension may be granted.

Once the NOD has been submitted, you will be provided with the date for your hearing. You must bring your attorney to this hearing. The judge will examine your evidence and make a final determination. A competent lawyer will ensure that all of the necessary evidence is presented at your hearing. This includes any service records, medical records and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental illness that is limiting and is the result of or worsened due to their military service, could be qualified for disability benefits. These veterans may receive a monthly monetary payment based on the degree of their disability.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We assist veterans in filing an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We can also help with appeals of any VA decision. This includes denials of VA benefits, disagreements over a percentage evaluation or a dispute over the date of effective rating. Our firm will make sure that the first Statement of the Case is well-prepared and that any additional SOCs that contain all the relevant information are filed if a case is taken to an appeals court.

Our lawyers can assist veterans suffering from disabilities that are related to their service to apply for vocational rehabilitation services. This program offers training, education and job skills to veterans to help them prepare for civilian employment or to learn to adapt to a new job in the event that their disabilities hinder them from working in a meaningful way. Veterans with disabilities could also be eligible for both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to aid disabled veterans perform their job. This includes adjustments in job duties or changes to the workplace.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and training program that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows veterans with disabilities to select between five different paths to a job. These include reemployment with same employer, rapid access to employment, self-employment and employment through long-term care.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance if they require more time to complete the test or if it's acceptable to speak instead of write their answers. The ADA does not permit employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discriminatory practices against disabled veterans must consider holding training sessions for all employees to raise awareness and better understand veteran-related issues. They may also contact Job Accommodation Network for free consultations and technical assistance on the ADA, and other disability laws.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service have difficult to get a job. To aid these veterans with their job search, the Department of Labor funds EARN which is a national source for job referrals and information. It is funded by the Office of Disability Employment Policy and staffed by the Office of Disability Employment Policy, EARN provides a free telephone service and electronic information system that connects employers with disabled veterans who are seeking jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability when it comes to hiring, promotions and benefits, as well as other terms and conditions of employment. It also limits the medical information that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as an illness that severely limits one or more of the major activities of daily living, including hearing and seeing, walking, breathing. Standing, sitting at a desk, working, studying and so on. The ADA excludes certain conditions that are common for veterans, like post-traumatic stress disorder and tinnitus. (PTSD).

Employers are required to provide accommodations for disabled veterans who require accommodations in order to perform their job. This is the case unless the accommodation causes undue hardship for the contractor. This can include changing equipment, offering training, delegating duties to other positions or facilities, and buying adaptive hardware or software. For example when an employee is blind or visually impaired, an employer must acquire adaptive software and hardware for computers electronic visual aids, Braille and talking calculators 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.