Veterans Disability Law

Veterans disability law covers a range of issues. We will do our best to help you get the benefits you deserve.

Congress created the VA claim process to be more accommodating for veterans. We make sure your application is well-prepared and follow your case through the process.

USERRA stipulates that employers must offer reasonable accommodations to employees who have disabilities that are a result of military service or made worse by military service. Title I of the ADA prohibits discrimination on basis of disability in hiring promotions, pay, training and other conditions, rules and privileges of employment.

Appeal

Many veterans are denied benefits or have an inadequate 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 process is complex with many rules and procedures to follow, and the laws are constantly changing. A knowledgeable lawyer can guide you through the process, help you identify what evidence should be submitted with your appeal, and build a strong case for your claim.

The VA appeals process begins with the filing of a Notice of Disagreement (NOD). It is crucial to be clear in your NOD on the reason you are not happy with the decision. You don't have to list every reason that you disagree, but only those that are relevant.

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

After the NOD is filed, you will be notified of the date for your hearing. It is essential that your attorney attend the hearing together with you. The judge will examine your evidence and make a final determination. A good attorney will ensure that all the proper evidence is presented at your hearing. Included in this are any medical records, service records, private health records and C&P tests.

Disability Benefits

Veterans suffering from a physical or mental illness that is debilitating and was caused or worsened as a result of their military service may be eligible for disability benefits. These veterans can receive a monthly monetary payment depending on their disability rating, which is a percentage that indicates the severity of their condition.

Our New York disability attorneys work to ensure that veterans are able to receive all the benefits to which they have a right to. We help veterans disability lawyers file an application, obtain the required medical records and other documentation, fill out necessary forms and keep track of the progress of their VA claim on their behalf.

We also can assist in appeals of any VA decisions, such as denials of benefits, disagreements regarding an evaluation percentage or disputes over the effective date of an evaluation. If a case is scheduled for an appeals hearing, our firm will ensure that the first Statement of the Case (SOC) is prepared correctly, and that the additional SOCs are filed with all the required details to support each argument in an appeal.

Our lawyers can also help veterans with service-connected disabilities to apply for vocational rehabilitation services. This program offers education, training and job skills to veterans to prepare them for civilian jobs or to learn to adapt to a new job when their disabilities prevent them from finding work 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.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans with disabilities, including those who may have been incurred in or aggravated by military service. The ADA also requires employers to provide reasonable accommodations for disabled veterans to complete their duties. This includes changes to the job description or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be of interest to disabled veterans interested in employment. This is a national job placement and training program that helps connect veterans disability lawsuits with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits disabled veterans to select among five paths to a job. The five options include reemployment with the same employer, quick access to employment, self-employment, and the possibility of employment through long-term service.

Employers may ask applicants if they require any modifications for the hiring process. For example if they require longer time to complete a test or if it is okay to speak instead of write their answers. The ADA does not allow employers to inquire about disabilities unless they are evident.

Employers who are concerned about possible discrimination against disabled veterans ought to consider conducting training sessions for all employees to raise awareness and enhance understanding of veteran issues. They can also reach out to Job Accommodation Network for free advice and consultation on the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to their service have difficult finding employment. To assist these veterans, the Department of Labor supports a national job resourcing and information resource called EARN. Funded by the Office of Disability Employment Policy It provides a no-cost phone number and an electronic information system that connects employers with disabled veterans looking for jobs.

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in hiring, promotions and benefits, as well as other terms and conditions of employment. The ADA also limits the information employers are able to inquire about a person's medical history and prohibits harassment and retaliation based on disability. The ADA defines disability in terms of the condition that significantly restricts one or more of the major activities of daily living, like hearing and walking, breathing, seeing. Standing, sitting at a desk, working, studying and learning, etc. The ADA does not cover certain conditions that are common for veterans, like tinnitus and post-traumatic stress disorder (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 could include modifying equipment, offering training, transferring the duties to different positions or facilities, and purchasing adaptive software or hardware. For example the case of an employee who is visually impaired or blind the employer must purchase adaptive software and hardware for computers electronic visual aids, Braille calculators and talking devices. If an individual has limited physical dexterity, a company must provide furniture that has raised or lowered surfaces or purchase adapted mouses and keyboards.