Veterans Disability Law

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

Congress created the VA claim procedure to be supportive of veterans. We will ensure that your claim is well-prepared and you can track the progress of your claim.

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

Appeal

Many veterans are denied disability benefits or receive a low rating that ought to be higher. A qualified veteran benefits attorney can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex with specific rules and procedures that must be followed, and the law is ever-changing. An experienced lawyer can help you navigate the process, help determine what evidence should be included in your appeal and develop a convincing argument for your claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). In your NOD, it is crucial to state why you are not happy with the decision. It is not necessary to list every reason why you disagree with, but only those that are relevant.

You are able to file your NOD within one year of the date you appealed the unfavorable decision. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD has been filed after which you will be given a date for your hearing. It is crucial that your attorney attend the hearing together with you. The judge will examine your evidence and then make a final decision. A competent attorney will make sure that all of the required evidence is presented during your hearing. This includes all service records, private medical records and C&P examinations.

Disability Benefits

Veterans who suffer from a mental or physical health issue that is incapacitating and was triggered or worsened as a result of their military service, may be qualified for disability benefits. They can receive monthly monetary compensation based on their disability rating, which is a percentage that demonstrates the severity of their condition.

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

We can also assist with appeals of VA decisions, such as denials of benefits, disagreements over a percentage evaluation or disputes over the effective date of a rating. Our firm will ensure that the first Statement of the Case is properly prepared and that any additional SOCs that contain all the relevant information are filed if the case is referred to an appeals court.

Our lawyers can assist veterans disability law firms suffering from disabilities arising from their service in applying for vocational rehabilitation services. This program is designed to provide education, training and job-related abilities to prepare veterans for civilian employment or to adapt to a new career when their disabilities make it difficult for them to find meaningful work. 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 with disabilities, including those caused or aggravated through military service. The ADA also requires employers to provide reasonable accommodations to aid disabled veterans do their duties. This includes changes to the work environment or job duties.

Veterans with disabilities who are seeking employment may wish to contact the Department of Labor's Ticket to Work program. This is a nationwide program for job placement and training which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose from five different paths to gain employment. This includes reemployment with same employer, rapid access to employment, self-employment and the possibility of employment through long-term services.

An employer can ask applicants to provide any modifications to participate in the hiring process, including extra time to take a test or permission to provide oral rather than written answers. The ADA does not allow employers to inquire about a disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans may be interested in having training sessions for their entire staff in order to increase awareness and understanding of veteran issues. In addition, they can reach out to the Job Accommodation Network, a free consultation service that provides customized workplace accommodations and technical support on the ADA and other laws related to disability.

Reasonable Accommodations

Many Veterans disability lawyers with disabilities that are related to their service experience difficult to get a job. To help these veterans to find work, the Department of Labor funds EARN which is a national source for information and referrals to jobs. 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 seeking jobs.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and other benefits. It also restricts the medical information employers may request and stops harassment based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the important life activities, such as hearing, seeing breathing, walking sitting, standing, learning, and working. The ADA does not cover certain conditions that are common in veterans, including hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires an accommodation to perform work, an employer must provide it unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, offering training, delegating tasks to other jobs or facilities, and purchasing adaptive software or hardware. For example when an employee is visually impaired or blind the employer must purchase adaptive software and hardware for computers as well as electronic visual aids, Braille calculators and talking devices. Employers must provide furniture with raised or lower surfaces or buy keyboards and mice that have been made for those with restricted physical dexterity.