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Veterans Disability Law

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

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

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

Appeals

Many veterans are denied benefits or get a low disability rating when they should receive a higher rating. A qualified veteran benefits lawyer can assist you in filing an appeal to the Court of Appeals for Veterans Claims. The process is very complex with specific rules and procedures that must be adhered to, and the law is constantly changing. An experienced lawyer will guide you through the appeals process, advise you on the evidence you need to submit for your appeal, and assist you create a compelling argument.

The VA appeals procedure starts with a Notice of Disagreement. It is essential to make clear in your NOD on the reason you are not happy with the decision. You don't have to include all the reasons you disagree with the decision, just those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you're appealing. If you need more time to prepare your NOD, an extension can be granted.

Once the NOD has been submitted, you will be provided with an appointment date. You must bring your attorney to the hearing. The judge will look over all of your evidence before making a final decision. A good attorney will ensure that all evidence is presented at your hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a debilitating physical or mental illness that was caused or aggravated through their military service could qualify for disability benefits. Veterans can receive monthly monetary compensation based on their disability rating, which is a percentage that demonstrates the severity of their illness.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they are entitled. We assist veterans in filing claims and collect the necessary medical records, other documents, fill out required forms, and keep track of the VA’s progress.

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

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 prepare them for civilian employment or learn to adapt to a new job in the event that their disabilities hinder them from finding meaningful work. Veterans disability lawyers with disabilities may be eligible to receive 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 who may have been caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations for disabled veterans do their duties. This includes changes to the work environment or job duties.

Ticket to Work, a program of the Department of Labor, may be for disabled veterans looking to find work. This is a nationwide job-training and placement program that assists disabled veterans to jobs and businesses.

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

Employers may ask applicants if they need any accommodations for the selection process. For example the need for more time to take the test or if it is okay to speak instead of writing their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans may consider organizing training sessions for their entire staff in order to increase awareness and understanding of veteran-related issues. Additionally, they can reach out to the Job Accommodation Network, a free service for consultation that provides specific workplace accommodations solutions and technical assistance regarding the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult finding employment. To aid these veterans to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. It is funded by the Office of Disability Employment Policy, it provides a free telephone service and electronic information system that connects employers with disabled veterans in search of jobs.

The Americans with Disabilities Act prohibits discrimination based on disability in hiring, promotions and benefits. It also restricts the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that substantially restricts one or more important life activities, such as hearing, sight, walking, breathing, sitting, standing, and working. The ADA excludes certain conditions that are common in veterans, including the tinnitus condition and post-traumatic stress disorder (PTSD).

Employers are required to provide accommodations for disabled veterans who need them to complete their job. This is true unless the accommodations would create unnecessary hardship for the contractor. This includes altering equipment, providing training, shifting the duties to different positions or facilities, and acquiring adaptive hardware or software. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talk calculators, Braille devices, and Braille displays. If an employee has limited physical dexterity, a company should provide furniture that has raised or lowered surfaces, or purchase adapted mouses and keyboards.