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Veterans Disability Law

The law governing veterans disability is a broad area. We will assist you in obtaining the benefits to which you are entitled.

Congress designed the VA claim process to be a veteran-friendly one. We ensure that your application is properly prepared and track the progress of your case.

USERRA obliges employers to make reasonable accommodations available to employees who have disabilities that have been incurred or aggravated in military service. Title I of the ADA prohibits discrimination on basis of disability in hiring, promotions pay, training, and other conditions, terms and benefits of employment.

Appeal

Many veterans disability lawyers are denied benefits or have low disability ratings when they should receive a higher rating. A veteran benefits lawyer can help you appeal to the Court of Appeals for Veterans Claims. The procedure is complex, with specific rules and procedures that must be adhered to and the law changes constantly. A skilled lawyer can help you navigate the process, guide you determine what evidence should be included in 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 essential to state clearly in your NOD as to why you are not happy with the decision. You don't have to list every reason why you disagree, but only those that are relevant.

Your NOD can be filed within one year of the date of the unfavorable decision you're appealing. You could be granted an extension if it is necessary to have additional time to prepare your NOD.

Once the NOD is filed, you will be assigned a date for your hearing. You should bring your attorney to the hearing. The judge will look over the evidence you have presented before making a final decision. A competent lawyer will make sure that all of the necessary evidence is provided during your hearing. This includes all service records, private medical records and any C&P tests.

Disability Benefits

Veterans who suffer from a chronic physical or mental illness that was caused or aggravated through their military service may be eligible for disability benefits. These veterans could receive an annual monetary payment according to the severity of their disability.

Our New York disability lawyers work to ensure that veterans receive all benefits to which they're entitled. We assist veterans to file claims, get the necessary medical records and other documents, fill out necessary forms and keep track of the VA's progress on their behalf.

We also can assist with appeals of any VA decisions, such as denials of benefits, disagreements on the percentage evaluation or disagreements over the effective date of rating. If a case is sent to an appeals hearing, our firm will ensure that the initial Statement of the Case (SOC) is properly prepared, and that the additional SOCs are filed with all the required information to back every argument in the claim.

Our lawyers can assist veterans suffering from disabilities related to their service to apply for vocational rehabilitation services. This program offers education, training and job-related skills for veterans to prepare them for civilian employment or adapt to a new profession when their disabilities prevent 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.

Accommodation for Employers

The Americans with Disabilities Act (ADA) prohibits discrimination against veterans disability lawsuits who have disabilities, including those who have suffered from disabilities caused or aggravated through military service. The ADA also requires employers to make reasonable accommodations to help veterans with disabilities perform their duties. This includes changes to work duties or workplace changes.

Disabled veterans interested in a job may want to contact the Department of Labor's Ticket to Work program. This is a nationwide job-training and placement program that helps connect disabled veterans to jobs and businesses.

The Uniformed Services Employment Reemployment Rights Act (USERRA) permits veterans with disabilities to choose from five different paths to work. These include reemployment with the same employer; rapid access to employment; self-employment and employment through long-term care.

Employers can inquire to provide any accommodations in the hiring process, for example, longer time to complete an exam or the ability to give verbal instead of written answers. The ADA does not allow employers to inquire about the existence of a disability, unless it is evident.

Employers that are concerned about discrimination against disabled veterans disability lawsuits should consider having training sessions available to 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 regarding the ADA and other disability laws.

Reasonable Accommodations

Many veterans with disabilities related to service struggle to obtain employment. To assist these veterans with their job search, the Department of Labor supports a national job-related referral and information resource called EARN. It is funded by the Office of Disability Employment Policy which provides a free telephone service and electronic information system that connects employers with disabled veterans who are looking for work.

The Americans with Disabilities Act prohibits discrimination based upon disability in hiring, promotions and benefits. It also limits the information about medical conditions that employers can request and prohibits harassment based on disability and retaliation. The ADA defines disability as a condition that significantly restricts one or more of the essential life activities, such as hearing, sight breathing, walking standing, sitting, learning and working. The ADA excludes certain conditions that are common among veterans, like hearing loss or post-traumatic stress disorder (PTSD).

Employers must make accommodations for disabled veterans who need them in order to perform their duties. This is the case unless the accommodation creates unnecessary hardship for the contractor. This includes altering equipment, providing training, reassigning the duties to different positions 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, which includes electronic visual aids, talking calculators, Braille devices, and Braille displays. If a person has limited physical strength, the employer must provide furniture with lowered or raised surfaces or purchase adapted mouses and keyboards.