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Veterans Disability Law

The law governing veterans disability is a broad area. We will work to make sure you receive the benefits that you have earned.

The VA claim process was developed to be user-friendly by Congress. We make sure your application is completed and tracked your case through the process.

USERRA requires employers to offer reasonable accommodations to employees who have disabilities that have been incurred or aggravated by military service. Title I of the ADA prohibits discrimination based on disability in the hiring process, promotions and pay as well as in training, and other employment terms, conditions and privileges.

Appeals

Many veterans are denied disability benefits or are given a low rating, which should be higher. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with a myriad of rules and procedures to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on the evidence you need to submit with your appeal and help you prepare a convincing argument.

The VA appeals process starts with the filing of a Notice of Disagreement (NOD). In your NOD, it's important to describe the reasons you don't agree with the decision. You don't have to list all the reasons you disagree with the decision, only the ones that are relevant.

You may file your NOD within one year of the date you appealed against the unfavorable ruling. You could be granted an extension in case you require additional time to prepare your NOD.

Once the NOD has been filed and the NOD is filed, you will be assigned a time for your hearing. Your attorney should be present to the hearing. The judge will look over your evidence and make a final determination. A good lawyer will make sure that all the necessary evidence is presented during your hearing. Included in this are any service records, private health records and C&P exams.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and is the result of or worsened as a result of their military service could be qualified for disability benefits. They can receive a monthly monetary payment depending on their disability rating, which is a percentage that indicates the severity of their illness.

Our New York disability attorneys work to ensure that veterans get all the benefits to which they are entitled. We assist veterans to file an application, obtain the required medical records and other documents, fill out necessary forms and keep track of the progress of the VA on their behalf.

We also can assist with appeals of any VA decision, including denials of benefits, disagreements over a percentage evaluation or disputes regarding the effective date of a 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 additional SOCs are filled out with all of the required information needed to support every argument in the claim.

Our lawyers can also assist veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to prepare them for civilian employment or to adjust to a new career when their disabilities keep them from working in a meaningful way. It is also possible for disabled veterans to receive both disability benefits from the VA and Supplemental Security Income from the Social Security Administration.

Accommodations for Employers

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 offer reasonable accommodations to disabled veterans to perform their job. This could include changes to work duties or changes to the workplace.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. This is a nation-wide job placement and training program which assists veterans with disabilities to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) allows disabled veterans to choose among five paths to gain employment. The five options include reemployment at the same employer, quick access to employment, self-employment and work through long-term services.

An employer can ask applicants for any modifications to participate in the hiring process, including extra time to take tests or to give verbal instead of written answers. The ADA doesn't allow employers to ask about the existence of a disability, unless it is evident.

Employers who are concerned about discrimination against disabled veterans might consider organizing training sessions for their entire staff to increase awareness and understanding of the issues facing veterans. Additionally, they can reach out to the Job Accommodation Network, a free consulting service that provides specific workplace accommodations solutions as well as technical assistance with the ADA and other disability-related laws.

Reasonable Accommodations

Many Veterans Disability Lawyers who have disabilities caused by service have difficulty to obtain employment. To help them, the Department of Labor funds EARN the nation's most trusted resource for job referrals and information. The program is supported 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 in search of jobs.

The Americans with Disabilities Act prohibits discrimination on the basis of disability in hiring, promotions and benefits. The ADA also restricts the information employers can request about a person's medical history and prevents harassment or retaliation due to disability. The ADA defines disability as a condition that restricts one or more major life activities including hearing, seeing breathing, walking, sitting, standing, and working. The ADA excludes certain conditions that are common among veterans, for example the tinnitus condition and post-traumatic stress disorder (PTSD).

If a disabled veteran requires accommodations to complete a job, an employer must accommodate it unless it causes undue hardship on the contractor's business. This could include modifying the equipment, supplying training, and transferring responsibility to other positions or locations as well as purchasing adaptive hardware or software. For instance in the event that an employee is blind or visually impaired the employer has to purchase adaptive software and equipment for computers electronic visual aids, talking calculators, and Braille devices. Employers must provide furniture with higher or lower surfaces or buy keyboards and mice specifically designed for people with limited physical dexterity.