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Veterans Disability Law

The law governing veterans disability is a broad area. We will work to ensure you receive the benefits you are entitled to.

Congress created the VA claim process to be more accommodating for veterans. We make sure that your application is well-prepared and we track the progress of your claim.

USERRA requires employers to provide reasonable accommodations for employees with disabilities that are incurred or aggravated through military service. Title I of the ADA prohibits discrimination on the basis of disability when hiring promotions pay, training, and other conditions, terms and privileges of employment.

Appeals

Many Veterans disability Lawyers are denied benefits or get low disability ratings when they should receive a higher rating. A veteran benefits lawyer can assist you appeal to the Court of Appeals for Veterans Claims. The process is complicated, with many rules and regulations to follow, and the laws are constantly changing. A skilled lawyer will guide you through the appeals process, advise you on what evidence you should submit for your appeal, and assist to build a strong case.

The VA appeals procedure starts with a Notice of Disagreement. In your NOD, you are crucial to state why you disagree with the decision. You do not have to list every reason why you disagree with, but only those that are pertinent.

Your NOD can be submitted within one year of the date of the adverse decision you want to appeal. If you require additional time to prepare your NOD, a request for an extension could be granted.

Once the NOD is filed, you will be assigned a date for your hearing. It is crucial to have your attorney be present along with you. The judge will scrutinize all of your evidence before making a decision. A good lawyer will ensure that all of the necessary evidence is provided during your hearing. Included in this are any medical records, service medical records, private health records and C&P examinations.

Disability Benefits

Veterans suffering from a mental or physical illness that is limiting and was triggered or worsened due to their military service, could be qualified for disability benefits. These veterans can receive monthly monetary compensation depending on 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 in filing claims and collect the necessary medical records and other documents as well as fill out the required forms, and track the VA’s progress.

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

Our lawyers can help veterans with disabilities resulting from their military service when applying for vocational rehabilitation services. This program offers training, education and job-related skills for veterans to help them prepare for civilian jobs or to adjust to a new career when their disabilities prevent them from finding meaningful work. Veterans with disabilities may also be eligible for both VA disability benefits and Social Security Administration Supplemental Security income.

Employer Accommodations

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans who have disabilities, which includes those caused by or aggravated due to military service. The ADA also requires employers to provide reasonable accommodations for veterans with disabilities to perform their duties. This could include changes in job duties or workplace modifications.

Veterans with disabilities who are interested in employment may want to inquire with the Department of Labor's Ticket to Work program. This is a nationwide job placement and business training program that helps veterans with disabilities find jobs and businesses.

Veterans with disabilities who have been removed from the military could 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 work through long-term service.

Employers can inquire about applicants' disabilities and whether they need any accommodations for the hiring process. For instance that they require more time to finish the test or if they feel it's acceptable to speak instead of writing their answers. However, the ADA does not permit an employer to ask about a person's disability status unless it is evident.

Employers that are concerned about discrimination against disabled veterans must consider organizing training sessions for all employees to raise awareness and enhance understanding of veterans' issues. They can also reach out to Job Accommodation Network for free consultations and technical assistance on 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 to find work, the Department of Labor supports a national job search and information resource known as EARN. The program is supported by the Office of Disability Employment Policy, it provides a free telephone and electronic information system that connects employers with disabled veterans seeking jobs.

The Americans with Disabilities Act prohibits discrimination based on disability when it comes to hiring, promotions and benefits. It also restricts the medical information employers may request and prevents disability-based harassment and retaliation. The ADA defines disability as the condition that significantly restricts one or more major aspects of daily living, including hearing and breathing, walking, and seeing. Sitting, standing at a desk, working, studying, etc. The ADA excludes certain conditions that are common among veterans, like post-traumatic disorder or tinnitus. (PTSD).

Employers must offer accommodations to disabled veterans who require them to do their duties. This is the case unless the accommodation would cause undue hardship for the contractor. This includes altering equipment, offering training, reassigning the duties to different jobs or facilities, and buying adaptive hardware or software. 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. If a person has limited physical strength, the employer should provide furniture with raised or lowered surfaces or purchase adapted mouses and keyboards.