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Veterans Disability Law

Veterans disability law is a broad area. We assist you in obtaining the benefits to which you are entitled.

The VA claim process was designed to be easy to use by Congress. We ensure that your application is properly prepared and we track your case through the process.

USERRA obliges employers to offer reasonable accommodations to employees with disabilities that are incurred or aggravated in military service. Title I of the ADA prohibits discrimination against disabled people in the hiring process, promotions and pay, as well as training, as well as other terms, conditions of employment and rights.

Appeal

Many veterans are denied disability benefits or receive a low rating that ought to be higher. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The process is complex, with many rules and regulations to follow, and the laws are constantly changing. A knowledgeable lawyer will guide you through the appeals process, identify what evidence you should submit in your appeal, and help you build a strong claim.

The VA appeals process begins with an official Notice of Disagreement (NOD). It is important to make clear in your NOD about why you are dissatisfied with the decision. It is not necessary to list every reason you don't agree with the decision, just those that are relevant.

The NoD is filed within one year of the date of the unfavorable decision you want to appeal. You could be granted an extension if you require additional time to prepare your NOD.

After the NOD has been filed and you have been assigned a time for your hearing. You must bring your attorney to this hearing. The judge will review your evidence and then make a final decision. A good lawyer will make sure that all necessary evidence is presented during your hearing. Included in this are any medical records, service medical records, private health records and C&P exams.

Disability Benefits

Veterans who suffer from a mental or physical illness that is limiting and was triggered or worsened due to their military service may be qualified for disability benefits. They may be eligible for an amount of money per month dependent on the severity of their disability.

Our New York disability lawyers work to ensure veterans receive all benefits to which they're entitled. We assist veterans to file claims and collect the necessary medical records and other documents as well as fill out the 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 the percentage evaluation, or disputes about the date of effective rating. If a case is sent to an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is properly prepared and that further SOCs are prepared with all the necessary information needed to support every argument in an appeal.

Our lawyers can assist veterans with disabilities related to their service in applying for vocational rehabilitation services. This program offers education, training, and job skills for veterans disability lawsuits to prepare them 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 prohibits discrimination against veterans with disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities to perform their duties. This could include changes to work duties or workplace adjustments.

Disabled veterans who are seeking employment may wish to inquire with the Department of Labor's Ticket to Work program. This is a nationwide employment and business training program that helps disabled veterans find work and businesses.

Veterans with disabilities who are separating from the military can follow one of five routes for employment under Uniformed Services Employment and Reemployment Rights Act (USERRA). The five options are reemployment at the same company, fast access to employment, self-employment and employment through long-term service.

Employers may ask applicants if they require any accommodations in the hiring process, including more time to sit for tests or to provide verbal answers instead of written answers. The ADA does not allow employers to ask about disability unless it's evident.

Employers who are concerned about discrimination against disabled veterans should think about holding training sessions for all employees to raise awareness and enhance understanding of veterans' issues. Additionally they can reach out to the Job Accommodation Network, a free consulting service that provides individualized workplace accommodations solutions and technical assistance on the ADA and other laws related to disability.

Reasonable Accommodations

Many veterans with disabilities that are related to their service find it difficult to find employment. To help these veterans to find work, the Department of Labor supports a national job resourcing and information resource known as EARN. The Office of Disability Employment Policy funds this free phone and electronic system that connects employers with disabled veterans seeking work.

The Americans with Disabilities Act prohibits discrimination based on disability in the hiring process, promotions or benefits. The ADA also restricts the information employers can ask about a person's health history and prohibits harassment and revenge in response to disability. The ADA defines disability in terms of an illness that severely limits one or more essential activities of daily living, including hearing and breathing, walking, or seeing. Sitting, standing and working, as well as learning and more. The ADA does not cover certain conditions that are common for veterans, like hearing loss and post-traumatic stress disorders (PTSD).

If a disabled veteran requires accommodations to complete the job, the employer must accommodate it unless it will impose unreasonable hardship on the contractor's business. This can include changing equipment, providing training, reassigning duties to other locations or positions, and purchasing adaptive software or hardware. If an employee is blind or visually impaired, the employer must purchase adaptive hardware and software, including electronic visual aids, speaking calculators, Braille devices and Braille displays. Employers must provide furniture with higher or lower surfaces or purchase keyboards and mice that are specially designed for those with limited physical strength.