Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you make sure you receive the benefits that you have earned.

Congress designed the VA claim process to be veteran-friendly. We make sure that your application is well-prepared and follow your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities incurred or aggravated during military service. Title I of the ADA prohibits discrimination based on disability in hiring, promotions, and pay, as well as training, as well as other employment terms, conditions and privileges.

Appeals

Many veterans are denied benefits or get low disability ratings when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with a myriad of rules and procedures to follow, and laws are constantly changing. An experienced lawyer can help you navigate the process, help you identify what evidence should be included in your appeal, and help you build a strong argument for your case.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). In your NOD, you are important to describe why you are not happy with the decision. You don't have to list all the reasons why you are not happy with the decision. Just the ones that are relevant.

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

After the NOD is filed, you will be given a date for hearing. It is important to have your attorney present at the hearing along with you. The judge will go through your evidence prior to making a final decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. This includes all service records, medical records and C&P examinations.

Disability Benefits

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

Our New York disability lawyers work to ensure veterans disability lawyer receive all benefits they're entitled to. We assist veterans in filing an application, obtain the required medical records and other documents, complete necessary forms and keep track of the VA's progress on their behalf.

We can also assist with appeals for any VA decisions. This includes denials of VA benefits, disagreements about the percentage of an evaluation or disputes over the date at which a rating is effective. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that additional SOCs are filed with all the required information to back every argument in an appeal.

Our lawyers can assist veterans with disabilities arising from their military service when applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for employment in the civilian sector or to adapt to a new career when their disabilities prevent them from being able to pursue 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 (ADA) prohibits discrimination against veterans who have disabilities, including those that may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities do their jobs. This includes changes in job duties or workplace modifications.

Veterans with disabilities who are looking for work may want to contact the Department of Labor's Ticket to Work program. This is a national program for job placement and training that helps veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to select from five different paths to a job. The five options include reemployment at the same employer, speedy access to employment, self-employment and employment through long-term military service.

Employers can ask applicants whether they need any accommodations for the selection process. For instance if they require longer time to complete the test or if they feel it's okay to speak instead of writing their answers. However, the ADA does not permit employers to inquire about a person's disability unless it is evident.

Employers who are concerned about discrimination against disabled veterans may want to consider holding training sessions for their entire staff in order to increase awareness and understanding of the issues facing veterans. In addition, they can seek out the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities resulting from service are unable to obtain employment. To aid these veterans, the Department of Labor funds EARN, a national resource for job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system that connects employers with disabled veterans who are seeking job opportunities.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and other benefits. The ADA also limits the information employers may ask about a person's health background and also prohibits harassment and reprisals based on disability. The ADA defines disability as an illness that severely limits one or more essential activities of daily life, such as hearing and seeing, walking, breathing. Sitting, standing at a desk, working, studying and so on. The ADA excludes certain conditions that are common to veterans, like hearing loss or post-traumatic stress disorder (PTSD).

If a disabled veteran requires an accommodation to perform the job, the employer must accommodate it unless it creates a hardship on the contractor's business. This can include changing equipment, providing training, delegating duties to other jobs or facilities, as well as acquiring adaptive hardware or software. For instance when an employee is blind or visually impaired the employer must purchase adaptive software and equipment for computers as well as electronic visual aids, talking calculators, and Braille devices. Employers must furnish furniture with raised or lower surfaces or purchase keyboards and mouse that are made for those with limited physical dexterity.