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Veterans Disability Law

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

Congress designed the VA claim procedure to be supportive of veterans. We will ensure that your claim is correctly prepared and monitor the progress of your claim.

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

Appeals

Many veterans are denied benefits, or receive a low disability rating when it should be higher. A qualified veteran benefits attorney can help you file an appeal to the Court of Appeals for Veterans Claims. The process can be complicated, with numerous rules and procedures to follow, and the laws are constantly changing. An experienced lawyer will guide you through the appeals procedure, determine what evidence you must submit in your appeal, and help you build a strong claim.

The VA appeals process starts with an official Notice of Disagreement (NOD). It is essential to be clear in your NOD as to why you are not happy with the decision. It is not necessary to list every reason that you disagree with, but only those that are pertinent.

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

Once the NOD is filed after which you will be assigned a date and time for your hearing. It is important to have your attorney attend this hearing together with you. The judge will scrutinize all evidence presented before making a final decision. An experienced attorney will ensure that all the evidence needed is presented at the hearing. Included in this are any service documents, health records for private use and C&P tests.

Disability Benefits

Veterans suffering from a disabling physical or mental illness that was caused or worsened through their military service could be eligible 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 problem.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they have a right to. We assist veterans with filing an application, obtain the required medical records and other documents, fill out required forms and track the VA's progress on their behalf.

We also can assist with appeals of VA decisions, such as denials of benefits, disagreements on a percentage evaluation or disputes about the date of effective of rating. Our firm will ensure that the initial Statement of the Case is well-prepared and that any additional SOCs with all the necessary information are filed if the case is brought to an appeals court.

Our lawyers can assist veterans suffering from disabilities related to their service in applying for vocational rehabilitation services. This program offers training, education, and job skills for veterans to help them prepare for civilian employment or to adjust to a new career in the event that their disabilities hinder them from obtaining 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.

Employer Accommodations

The Americans with Disabilities Act prohibits discrimination against veterans with disabilities. This includes those that were caused or aggravated during their military service. The ADA also requires employers to offer reasonable accommodations to disabled veterans disability law firms to complete their job. This includes changes to job duties or modifications to work environments.

Disabled veterans interested in a job 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 helps disabled veterans disability lawsuit find work and businesses.

Veterans with disabilities who are leaving from the military may follow one of five paths 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 services.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For example if they require more time to take a test or if it's acceptable to speak instead of write their answers. But the ADA does not allow an employer to inquire about a person's disability status unless it is apparent.

Employers who are concerned about discrimination against disabled veterans might think about conducting training sessions for all of their employees to increase awareness and understanding of the issues facing veterans. Additionally they can reach out to the Job Accommodation Network, a free consultation service that offers individualized workplace accommodations solutions as well as technical assistance with the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans who have disabilities due to their military experience have difficult to find work. To assist them to find work, the Department of Labor supports a national job search and information resource known as EARN. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans seeking employment.

The Americans with Disabilities Act (ADA) bans discrimination on basis of disability in hiring, promotions or benefits, as well as other terms and conditions of employment. It also limits the information about medical conditions that employers can request and prevents disability-based harassment and retaliation. The ADA defines disability as a condition which significantly restricts one or more of the essential life activities, such as hearing, sight, walking, breathing, standing, sitting, learning, and working. The ADA excludes certain conditions that are common among veterans, like the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran requires an accommodation in order to complete a job, an employer must provide it, unless it causes undue hardship on the contractor's business. This includes modifying equipment, providing training, shifting the duties to different positions or facilities, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer has to purchase adaptive hardware and software, such as electronic visual aids, talking calculators, Braille devices, and Braille displays. Employers must provide furniture with raised or lower surfaces or buy keyboards and mice specially designed for those with limited physical dexterity.