Veterans Disability Law

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

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 provide reasonable accommodations to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions or pay, as well as training, and 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 procedure is complex with specific rules and procedures to be adhered to, and the law changes constantly. A knowledgeable lawyer can help you navigate the process, guide you determine what evidence should be submitted with your appeal, and help you build a strong argument for your claim.

The VA appeals process starts with a Notice of Disagreement. In your NOD, you are important to explain your reasons for disagreeing with the decision. You do not have to list every reason why you disagree with, but only those that are relevant.

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

After the NOD has been filed, you will be notified of an appointment for hearing. It is recommended that you bring your attorney to the hearing. The judge will go over the evidence and make a decision. A good lawyer will ensure that all the required evidence is presented during your hearing. Included in this are any medical records, service documents, health records for private use and C&P exams.

Disability Benefits

Veterans suffering from a physical or mental health issue that is incapacitating and was caused or worsened as a result of their military service, could be qualified for disability benefits. Veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage which indicates the severity of their illness.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans to file a claim and obtain the necessary medical records, other documents as well as fill out the required forms, and keep track of the VA’s progress.

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

Our lawyers can also help veterans with disabilities related to service apply for vocational rehabilitation services. This program is designed to provide education, training and job skills to prepare veterans disability lawyers for civilian employment or to begin the new job market if their disabilities hinder their ability to find a job that is meaningful. 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 who may have been caused or aggravated by military service. The ADA also requires employers to provide reasonable accommodations to assist veterans with disabilities perform their job. This includes changes to the job description or changes to the workplace.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. It is a nationwide job placement and training program which assists veterans with disabilities to jobs and businesses.

Veterans with disabilities who are separating from the military may follow one of five routes to find employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer; fast access to employment, self-employment and employment through long-term care.

Employers can ask applicants whether they require any modifications for the selection process. For example, if they need longer time to complete a test or if it's acceptable to speak instead of writing their answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is obvious.

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

Reasonable Accommodations

Many veterans who have disabilities related to service struggle to find employment. To help these veterans to find work, the Department of Labor supports a national job referral and information resource called EARN. The program is supported 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 looking for work.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of a disability when it comes to hiring, promotions, benefits, or other terms and conditions of employment. The ADA also restricts the information employers can ask about a person's health background and also prohibits harassment and discrimination in response to disability. The ADA defines disability in terms of an illness that severely limits one or more major activities of daily life, such as hearing and walking, breathing, seeing. Sitting, standing and working, as well as learning and so on. The ADA excludes certain ailments that are common in veterans, including tinnitus and post-traumatic stress disorder (PTSD).

If a disabled veteran needs an accommodation to perform work, an employer must provide it unless it causes undue hardship on the contractor's business. This includes modifying the equipment, providing training and reassigning responsibilities to other positions or places in addition to 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. If an individual has limited physical dexterity, an employer must provide furniture with raised or lowered surfaces, or purchase specially designed keyboards and mice.