Veterans Disability Law

Veterans disability law covers a wide range of issues. We will help you get you the benefits you have earned.

Congress created the VA claim process to be a veteran-friendly one. We make sure that your application is well-prepared and we track the progress of your case.

USERRA requires that employers offer reasonable accommodations to employees with disabilities that arise during military service or aggravated by military service. Title I of ADA prohibits disability discrimination in hiring, promotions, and pay as well as in training, and other terms, conditions of employment and privileges.

Appeal

Many veterans are denied benefits or get an unsatisfactory 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 is very complex, with specific rules and procedures to be adhered to and the law changes constantly. A skilled lawyer will guide you through the appeals process, identify what evidence you must submit for your appeal, and assist you build a strong claim.

The VA appeals process begins with a Notice of Disagreement (NOD). It is important to state clearly 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.

The NOD can be filed within one year of the date of the adverse decision that you are appealing. You may be granted an extension if you require additional time to prepare your NOD.

Once the NOD has been filed, you will receive the date for your hearing. It is essential that your attorney be present with you. The judge will examine your evidence and then make a final decision. A good attorney will ensure that all evidence is presented at the hearing. This includes all service records, medical records and C&P tests.

Disability Benefits

Veterans who suffer from a disabling physical or mental disorder which was caused or aggravated through their military service may be eligible for disability benefits. These veterans may receive a monthly monetary payment 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 of the benefits to which they have a right to. We assist veterans to file an application and get the necessary medical records and other documents and fill out the required forms, and keep track of the VA’s progress.

We can also assist in appeals of any VA decisions, including denials of benefits, disagreements over the percentage evaluation or disagreements over the effective date of an evaluation. If a case goes to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that further SOCs are filled out with all of the required information to back each argument in an appeal.

Our lawyers can also help veterans with disabilities resulting from service to apply for vocational rehabilitation services. This program provides education, training, and job skills for veterans to help them prepare for civilian work or be able to adjust to a different profession when their disabilities keep them from working in a meaningful way. Veterans with disabilities may also be eligible to receive both VA disability benefits as well as Social Security Administration Supplemental Security income.

Accommodations for Employers

The Americans with Disabilities Act prohibits discrimination towards veterans who have disabilities. This includes those who were caused or aggravated during their military service. The ADA also requires employers to make reasonable accommodations to help disabled veterans do their duties. This could include changes in work duties or workplace changes.

Ticket to Work, a program of the Department of Labor, may be an option for disabled veterans interested in employment. It is a nationwide training and job placement program that helps connect veterans with disabilities to jobs and businesses.

Veterans with disabilities who are leaving from the military could follow one of five tracks to employment under the Uniformed Services Employment and Reemployment Rights Act (USERRA). These include reemployment with the same employer, rapid access to employment; self-employment and employment through long-term care.

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

Employers who are concerned about discrimination against disabled veterans disability lawsuits might think about having training sessions for their entire staff to increase awareness and understanding of veteran issues. Additionally, they can seek out the Job Accommodation Network, a free consultation service that offers customized workplace accommodations and technical support on the ADA and other laws relating to disability.

Reasonable Accommodations

Many veterans suffering from disabilities related to their service experience difficult to find employment. To help them to find work, the Department of Labor funds EARN an online resource that provides job referrals and information. The Office of Disability Employment Policy offers this free telephone and electronic system to connect employers with disabled veterans who are seeking employment.

The Americans with Disabilities Act (ADA) prohibits discrimination on basis of a disability in hiring, promotions, benefits, or other terms and conditions of employment. The ADA also limits the information employers may request regarding a person's medical background and also prohibits harassment and reprisals based on disability. The ADA defines disability as a condition that significantly limits one or more essential activities of daily living, including hearing and walking, breathing, seeing. Sitting, standing, working, learning and more. The ADA excludes certain conditions that are common among veterans, such as the post-traumatic disorder, or tinnitus. (PTSD).

If a disabled veteran needs an accommodation to perform a job, an employer must provide it unless it creates a hardship on the contractor's business. This includes altering equipment, providing training, transferring tasks to other jobs or facilities, as well as buying adaptive hardware or software. For instance the case of an employee who 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 that are specially designed for those with physical limitations.