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Veterans Disability Law

Veterans disability law is a broad area. We will help you get the benefits to which you are entitled.

The VA claim process was designed to be user-friendly by Congress. We make sure that your application is correctly prepared and monitor the progress of your case.

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

Appeal

Many veterans are denied disability benefits or are given low ratings that should be higher. A qualified veteran benefits lawyer can help you file an appeal with the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and laws are constantly changing. A skilled lawyer will guide you through the appeals process, help you determine the type of evidence you need to present with your appeal and help you build a strong claim.

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

The NOD must be submitted within one year of the date of the adverse decision you are appealing. You may be granted an extension if it is necessary to have additional time to prepare your NOD.

After the NOD is submitted, you will be provided with an appointment for hearing. It is crucial that your attorney be present with you. The judge will review the evidence and make a final determination. An experienced attorney will ensure that all evidence is presented at your hearing. Included in this are any service medical records, private health records and C&P examinations.

Disability Benefits

Veterans who suffer from a chronic physical or mental illness that was aggravated or attorneys caused by their military service might qualify for disability benefits. These veterans may receive monthly monetary compensation according to their disability rating, which is a percentage which indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans receive all the benefits to which they are entitled. We assist veterans with filing claims, get the necessary medical records and other documentation, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements over an evaluation percentage or disputes over the effective date of a rating. If a case goes to an appeals hearing, our company will ensure that the first Statement of the Case (SOC) is prepared properly, and that further SOCs are submitted with all the necessary details to support each argument in an appeal.

Our lawyers can help veterans with disabilities related to their service by assisting them in applying for vocational rehabilitation services. This program provides training, education, and job skills for veterans to help them prepare for civilian employment or adapt to a new profession when their disabilities keep them from finding meaningful work. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to perform their duties. This includes changes to job duties and modifications to work environments.

Disabled veterans who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a national job-placement and business-training program that assists veterans with disabilities find jobs and companies.

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

Employers may ask applicants if they require any modifications for the selection process. For instance, if they need longer time to complete the test or if it is okay to speak instead of writing their answers. The ADA does not allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans should think about organizing training sessions for all employees to increase awareness and improve understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance regarding the ADA, and other disability laws.

Reasonable Accommodations

Many veterans with disabilities that are related to their service experience difficult to find work. To help these veterans with their job search, the Department of Labor supports a national job search and information resource called EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans looking for job opportunities.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of disability in hiring promotions benefits, or other terms and conditions of employment. It also restricts the medical information employers may request and prohibits harassment based on disability and retaliation. The ADA defines disability in terms of a condition that significantly limits one or more of the major activities of daily living, like hearing and breathing, walking, and seeing. Standing, sitting at a desk, working, studying and so on. The ADA does not cover certain conditions that are common among veterans, for example tinnitus and post-traumatic stress disorder (PTSD).

Employers must offer accommodations to disabled veterans who require accommodations in order to perform their duties. This is true unless the accommodation creates unnecessary hardship for the contractor. This could include modifying equipment, offering training, reassigning duties to other positions or facilities, and purchasing adaptive software or hardware. For example, if an employee is visually impaired or blind, an employer must acquire adaptive software and attorneys hardware for computers electronic visual aids, talking calculators, and Braille devices. Employers must provide furniture with elevated or lower surfaces or purchase keyboards and mouse that are made for those with limited physical dexterity.